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Federal  and  State 
Government 


AN  ELEMENTARY  TREATISE 
ON  THE  CIVIL  GOVERNMENT 
OF  THE  UNITED  ST  A  TES  AND 
THE  STATE  OF   ILLINOIS. 


BV 

DONALD  L.  MORRILL, 
Of  the  Chicago  Bar. 


CHICAGO 

SCOTT.  FORESMAN  AND  COMPANY 

1900 


Copyright,  1900,  by  Donald  t^.  MorrilL 


PRESS   OF 

THE    HENRV   O.  SHEPARD   CO 

CHICAGO 


PREFACE. 

In  offering  this  volume  to  the  pubHc,the  author  considers 
it  is  his  duty  to  explain  briefly  the  scope  of  the  work  and 
the  method  employed  in  treating  the  subject.  Such  a  state- 
ment is  particularly  necessary  in  the  case  of  an  elementary 
text-book  on  civil  government,  for  the  increased  attention 
which  has  been  given  in  recent  years  to  that  study  has 
caused  the  publication  of  numerous  text-books,  possessing 
many  meritorious  features.  Therefore,  some  reason 
should  be  given  for  writing  upon  a  subject  which  has  been 
discussed  so  often  by  other  authors. 

The  first  text-books  upon  the  subject  dealt  with  the  Fed- 
eral government  solely,  and  the  study  of  civics  was  limited 
to  a  consideration  of  the  Constitution  and  some  of  the  laws 
of  the  United  States  Government.  Later,  it  was  found  that, 
however  useful  and  necessary  a  knowledge  of  the  national 
government  may  be,  something  more  is  needed  to  prepare 
the  student  for  the  duties  of  citizenship,  and  that  it  is  equally 
important  that  he  should  understand  the  systems  of  local 
and  State  government  under  which  the  citizen  lives  and 
which  regulate  most  of  his  daily  transactions. 

Recognizing  this  demand,  other  books  were  written, 
whose  contents  embraced  a  consideration  of  the  different 

(V.) 


VI     FEDERAL  AND  STATE  GOVERNMENT 

forms  of  government  to  which  the  individual  is  subjected 
from  infancy  to  manhood,  inchiding  family,  school,  church, 
social,  municipal.  State  and  national  government.  In  the 
opinion  of  competent  critics,  writers  of  these  books  have 
gone  to  extremes  in  their  eflforts  to  observe  the  pedagogic 
precept  of  commencing  instruction  upon  any  subject  with 
those  features  which  are  nearest  to  the  pupil.  Under  this 
theory,  in  many  text-books  the  study  of  civics  is  commenced 
with  chapters  upon  domestic  and  social  topics,  which  have 
no  place  in  a  work  devoted  to  the  study  of  civil  govern- 
ment. 

This  book  is  designed  for  use  by  students  who  are  suffi- 
ciently advanced  to  take  up  the  study  of  United  States  his- 
tory. It  should  be  used  in  the  higher  grades  of  the  elemen- 
tary schools,  or  the  first  year  of  the  high  school,  or  both, 
according  to  the  course  of  study  pursued.  It  is  divided 
into  two  parts :  the  first  is  devoted  to  a  study  of  the  Federal 
government  and  political  system ;  the  second  to  the  State 
government  and  local  institutions  of  Illinois. 

In  the  first  part  of  the  book,  it  has  been  the  author's  aim 
to  furnish  aid  to  students  commencing  the  study  of  our 
national  political  institutions.  Therefore,  definite  and  spe- 
cific information  is  given  as  to  the  essential  features  of  the 
Federal  system,  derived  from  sources  not  readily  accessible 
to  either  teacher  or  pupil.  No  attempt  has  been  made  to 
analyze  the  provisions  of  the  Federal  Constitution,  or  to 
present  controversies  as  to  its  construction,  but  there  has 
been  an  endeavor  to  show  the  actual  working  of  our 
national  government,  and  to  describe  the  same  in  a  manner 
which  can  be  comprehended  by  beginners. 

The  second  part  of  the  book  is  intended  as  a  practical 
guide  to  the  student  upon  important  matters  which  are 
regulated  by  the  local  and  State  government.     Other  books 


PREFACE  vn 

have  been  written  with  the  same  object  in  view,  but  have 
failed  to  some  extent  in  their  purpose,  because  they  have 
not  been  limited  to  a  consideration  of  the  political  institu- 
tions of  a  single  State,  or  of  a  group  of  States  having  simi- 
lar governmental  systems,  but  have  treated  these  subjects 
in  a  general  way  only,  carefully  avoiding  those  details  which 
constitute  the  distinguishing  features  of  the  government  of 
particular  States  or  localities. 

It  is  apparent  that,  owing  to  the  difference  between  the 
constitutional  and  statutory  provisions  of  the  various  States 
of  the  Union  concerning  the  details  of  local  government, 
all  these  different  systems  cannot  be  thoroughly  treated 
within  the  limits  of  an  elementary  text-book,  except  in  a 
general  way.  Hence,  the  most  successful  teachers  of  civics 
have  been  those  who  have  been  able  to  supplement  the 
material  contained  in  the  text-book  with  information  con- 
cerning the  system  of  municipal  and  State  government 
under  which  the  pupils  live.  This  book  has  been  prepared 
for  use  in  the  schools  of  Illinois,  and  is  limited  in  its  dis- 
cussion of  local  governmental  afifairs  to  that  State  alone. 

It  is  possible  that  the  order  followed  in  the  treatment  of 
the  various  topics  discussed  may  be  the  subject  of  criticism 
by  those  who  believe  that  the  study  of  local  government 
should  precede  that  of  the  State  or  Nation,  and,  conse- 
quently, that  such  should  be  the  order  of  exposition.  If  the 
book  had  been  written  for  the  use  of  students  in  Massachu- 
setts, Virginia,  or  any  other  State  whose  local  institutions 
were  in  existence  before  the  formation  of  the  Union,  it 
would  be  correct,  logically  and  historically,  to  begin  with 
the  study  of  the  local  system,  and  follow  with  the  county, 
State  and  national  institutions.  The  case  is  diflferent,  how- 
ever, when  dealing  with  the  government  of  Illinois,  which 
owes  its  existence  to  acts  of  the  Federal  Government,  and 


viii         FEDERAL    AND    STATE    GOVERNMENT 

the  development  of  whose  local  institutions  did  not  con- 
tribute to  the  formation  of  the  national  system. 

For  these  reasons,  it  has  seemed  best  to  divide  the  sub- 
ject into  two  parts,  one  showing  the  origin  and  develop- 
ment of  our  national  government,  and  the  other  explaining 
the  formation  of  our  State  government,  giving  due  consid- 
eration to  the  local  influences  which  shaped  its  structure, 
together  with  a  brief  but  comprehensive  statement  of  the 
various  governmental  agencies  which  have  been  created  by 
the  State. 

While  it  has  been  the  purpose  to  make  one  chapter  follow 
another  in  logical  sequence,  yet  each  topic  is  treated  in  a 
manner  sufficiently  independent  to  permit  the  use  of  the 
book  as  a  guide  in  case  it  is  desired  to  study  the  different 
forms  of  government  in  an  order  different  from  that  fol- 
lowed in  the  text. 

If  this  volume  proves  to  be  of  assistance  to  those  who  are 
eager  to  know  the  duties  of  citizenship,  and  a  help  to  teach- 
ers in  presenting  to  their  pupils  correct  information  as  to 
the  principles  upon  which  our  government  is  based,  and  the 
method  in  which  they  are  applied  in  all  departments,  local, 
State  and  national,  the  author  will  feel  that  his  labors  have 
been  amply  rewarded. 

Chicago,  May  i,  1900. 


CONTENTS. 


PART  I. 
Government  of  the  United  States. 

chapter  i.  page. 

Origin  and  Necessity  of  Government, i 

How  Governments  Commenced  —  What  Government  Means 

—  Laws  and  Their  Objects —  Early  Forms  of  Government 

—  Surrender  of  Personal  Rights  —  The  Family,  Clan,  and 
Tribe —  Freedom  —  Development  of  Government. 

CHAPTER   II. 

Different  Forms  of  Government, 8 

Definition  of  Civil  Government  —  Tribal  Government  —  Ab- 
solute Monarchy  —  Oligarchy  —  Ancient  Republics  —  Con- 
stitutional or  Limited  Monarchies  —  The  Modern  Republic 

—  Government  by  Consent  of  the  Governed  —  Popular 
Governments. 

CHAPTER  III. 

Distinctive  Features  of  Our  Government,        .        .        .        .17 
General  Application  of  the  Principles  of  Popular  Government 

—  Government  by  Representation  —  Its  Origin  and  Devel- 
opment—  Public  Office  a  Public  Trust  —  Written  Constitu- 
tions—  Three  Branches  of  Government,  Legislative, 
Judicial,  and  Executive  —  Division  of  Powers  between 
National,  State,  and  Municipal  Governments — Principles 
Embodied  in  the  Declaration  of  Independence. 

CHAPTER  IV. 

Colonial  Governments, 28 

Government  by  Charter  —  Distinction  between  Charter  and 
Constitution  —  Origin  of  Charter  Government — Magna 
Charta  —  Royal  Colonies  —  Charter  Colonies  —  Proprietary 
Colonies  —  Political  Status  of  the  Colonies. 

(IX.) 


X  FEDERAL    AND    STATE    GOVERNMENT 

CHAPTER  V.  PAGE. 

Formation  of  the  American  Union, 37 

Early  Attempts  at  Union  —  The  Albany  Convention  — 
Stamp  Act  Congress  —  Obnoxious  Acts  of  Parliament  — 
First  Continental  Congress  —  Second  Continental  Con- 
gress —  The  United  Colonies  —  Articles  of  Confederation  — 
Their  Defects  —  Condition  of  the  Country — The  Constitu- 
tional Convention — Its  Proceedings  —  Adoption  of  the 
Constitution — Madison's  Journal —  Ratification. 

CHAPTER  VI. 

Outline  of  the  Federal  Govepnment, 49 

The  Preamble  —  Division  of  Governmental  Powers — Legis- 
lative Powers  —  Congress  —  Senators  and  Representatives 

—  Their  Qualifications  and  Election  —  The  Executive 
Power  —  President  and  Vice-President —  Presidential  Suc- 
cession—  Election  of  President  and  Vice-President  —  The 
Electoral  College  —  Duties  of  the  Executive  —  The  Judi- 
cial Department  —  Jurisdiction  of  United  States  Courts  — 
Treason. 

CHAPTER  VII. 

The  Powers  of  Congress 56 

Taxation  —  Different  Kinds  of  Taxes  —  Borrowing  Money  — 
Regulation  of  Commerce  —  Interstate  Commerce  —  Coin- 
ing Money  —  Different  Kinds  of  Money  —  National  Banks 

—  Patents  and  Copyrights  —  Bankruptcy  —  Naturalization 

—  Territorial  Government  —  Madison's  Classification  of  the 
Powers  of  Congress. 

CHAPTER  VIII. 

The  Executive  Department, 69 

Scope  of  the  Department — Powers  and  Duties  of  the  Presi- 
dent —  Commander  -  in  -  Chief  —  Opinions  of  Executive 
Officers  —  Pardons  and  Reprieves  —  Making  Treaties  — 
The  Diplomatic  Service  —  Presidential  Appointments  — 
Messages  —  Impeachment. 

CHAPTER  IX. 

Branches  of  the  Executive  Department,  .        .        .        .78 

The  President's  Cabinet  —  Organization  of  the  Departments 

—  Appointing  Power  —  Civil  Service  Law  and  Commis- 
sion—  State  Department  —  Treasury  Department  and  Its 
Officers  —  War  Department  and  Its  Bureaus — United 
States  Army  —  Navy  —  Interior —  General  Land  Office  — 
Pensions  —  Post  Office  —  Justice  —  Agriculture  —  Weather 
Bureau — Labor  —  Fish  Commission —Government  Print- 
ing Office. 


CONTENTS  XI 


CHAPTER  X. 


The  Federal  Judiciary, 93 

Its  History  —  The  Judicial  System  Outlined  —  The  Supreme 
Court  —  Its  Jurisdiction  and  Organization  —  District 
Courts  —  Circuit  Courts  —  Circuit  Court  of  Appeals  — 
Courts  of  District  of  Columbia  —  Territorial  Courts  — 
Court  of  Claims. 

CHAPTER  XI. 

Amendments  to  the  Constitution, 102 

Constitutional  Provisions  —  Methods  of  Amending  —  First 
Ten  Amendments  —  Bill  of  Rights  —  Eleventh  Amend- 
ment —  Chisholm  vs.  State  of  Georgia  —  Twelfth  Amend- 
ment—  Its  History  —  Thirteenth,  Fourteenth,  and  Fif- 
teenth Amendments  and  Reasons  for  Their  Adoption. 

CHAPTER  XII. 

Politics  in  a  Democracy, no 

■  Definition  of  Politics  —  What  is  a  Politician  —  Political  Par- 
ties —  Their  Origin  —  Hamilton's  Recommendations  —  Op- 
position to  Them  —  Federalists  and  Republicans  —  Whigs 
and  Democrats  —  Present  Party  Names  —  Committees  — 
Nominating  Conventions  —  Caucuses  and  Primaries. 


PART   II. 
Government  of  Illinois. 

chapter  xiii.  page. 

Early  Government, iig 

Origin  of  Its  Civil  Institutions — French  Settlements  —  Un- 
der English  Rule — The  Virginia  Conquest  —  A  Virginia 
County — Ordinance  of  1787  —  Government  Under  It  — 
The  Territory  of  Illinois  — The  Enabling  Act— Its 
Acceptance  —  Character  of  the  Population  —  The  Struggle 
of  Two  Rival  Political  Systems. 

CHAPTER  XIV. 

The  New  England  Town, .  127 

A  Pure  Democracy—  Character  of  the  Early  Settlers  of  New 
England  —  Reasons.  Which'  Prompted  Their  Migration  — 
Influence  of  the  Church  in '  Civil  Ma.tters  —  The  Town 
Meeting  —  Selectmen  —  Other  Officers  —  The  Ancient 
Town  of  Boston  —  The  Unit  of  Representation. 


XII  FEDERAL    AND    STATE    GOVERNMENT 

CHAPTER  XV.  PAGE. 

The  Old  Virginia  County, 135 

Its  English  Origin  —  Early  English  Counties  —  Parishes  and 
Their  Officers  —  Social  Conditions  in  Colonial  Virginia  — 
Vestry  Meetings  —  Church  Wardens  and  Clerks  —  The 
County  as  a  Political  Unit  —  The  County  Court  —  The 
Sheriff —  Contrast  between  the  New  England  and  Virginia 
Systems. 

CHAPTER  XVI. 

Illinois  Under  the  Constitutions  of  1818  and  1848,         .        .   143 
The  Four  Propositions  of  the  Enabling  Act  —  Their  Influence 
on  the  Civil  Institutions  of  the  State —  General  Provisions 
of  the  Constitut^ion  of  1818  —  The  County  System  Dominant 

—  Beginnings  of  the  Township  System  in  Illinois  —  The 
Ordinance  of  1785  —  The  Slavery  Question  —  Constitution 
of  1848  —  All  Difficulties  Settled  by  Compromise. 

CHAPTER  XVII. 

State  Government  of  Illinois, 151 

Constitution  of  1870  —  General  Statement  of  the  Powers  of 
the  State  —  The  Legislative  Department  —  Senators  and 
Representatives  —  Their  Number  —  Qualifications  and 
Election  —  Special  Legislation  —  The  Executive  Depart- 
ment —  Officers  Composing  It  —  The  Governor  and  His 
Powers  —  Other  Executive  Officers  —  Secretary  of  State  — 
Auditor  —  Treasurer  —  Attorney  General  —  Judicial  De- 
partment —  Supreme  Court  —  Appellate  Courts  —  Circuit 
Courts  —  Superior  Court  of  Cook  County  —  Criminal  Court 
of  Cook  County  —  County  and  Probate  Courts. 

CHAPTER  XVIII. 

County  Government  in  Illinois, 166 

County  Government  in  General  —  The  County,  an  Agency 
of  the  State  —  Constitutional  Provisions  —  The  County 
Board — Its  Powers  and  Duties  —  Government  of  Cook 
County  —  Commissioners  of  Cook  County  —  County  C?  41 
Service  Commission  —  County  Clerk  —  Sheriff  —  Treasurer 

—  Coroner — Clerks  of  Courts  —  Recorder  —  State's  At- 
torney —  Justices  of  the  Peace  —  Constables. 

CHAPTER  XIX. 

Township  and  Village  Government, 180 

General  Scope  of  Township  Government —  How  Towns  Are 
Created — Corporate  Powers  —  The  Town  Meeting  — 
^Powers  of  the  Town  — Town  Officers— Supervisor — Town 
Clerk  —  Auditors — Board  of  Health— Commissioners  of 
Highways — Road  Districts  —  Village  Government  —  Or- 
ganization of  Villages  —  Trustees  —  Their  Powers. 


CONTENTS  xin 

CHAPTER  XX.  PAGE. 

The  Government  of  Cities, 189 

City  Government  in  Early  Days  —  Changes  in  Conditions  of 
of  City  Life  Since  Colonial  Times  —  Origin  of  Municipal 
Government  —  Guilds  of  the  Middle  Ages —  City  Charters 

—  General  Law  of  the  State  —  Legislative  Department — 
City  Council  —  Number  and  Qualifications  of  Aldermen  — 
Classification  of  Powers  of  the  City  Council  —  The  Execu- 
tive Department  —  The  Mayor — Clerk  —  Treasurer — Col- 
lector— Comptroller — Financial  Department — Civil  Service 
Commission  —  Departments  and  Their  Officers  —  Public 
Works —  Building  —  Law —  House  of  Correction  —  Health 

—  Police  —  Fire  —  Various  Inspectors  —  School  Depart- 
ment —  Public  Library  —  Parks  and  Boulevards  —  Sani- 
tary District  of  Chicago. 

CHAPTER  XXL 

Election  Laws, 213 

General  Discussion  of  the  Right  of  Suffrage  —  Who  Are 
Citizens  —  Distinction  between  Citizen  and  Voter  —  Gen- 
eral Election  Law  —  Judges  and  Clerks  of  Election  —  Man- 
ner of  Holding  Elections  —  Certifying  the  Results  —  Reg- 
istration Law  —  Its  General  Provisions  —  Elections  in 
Cities,  Villages,  and  Incorporated  Towns  —  Election  Com- 
missioners—  Registration  of  Voters — Registry  Books  — 
Verification  Lists — Duties  of  Judges  and  Clerks  —  Hold- 
ing the  Election  —  Counting  the  Vote  —  Returns  of  the 
Result  —  The  Australian  Ballot  —  Purpose  of  the  Law  Re- 
quiring Its  Use  —  The  Official  Ticket  —  Method  of  Voting 

—  Primaries. 

CHAPTER  XXII. 

The  Educational  System 233 

Necessity  of  General  Education  —  Constitutional  Provisions 

—  General  School  Law  —  State  Superintendent  —  County 
Superintendents  —  Township  Trustees  —  Township  Treas- 
urer —  School  Directors  —  Boards  of  Education  —  School 
Officers  of  Chicago  —  Teachers  —  Women  as  School 
Officers. 

CHAPTER  XXIII. 

Taxation  and  Eminent  Domain, 246 

Importance  of  Questions  of  Taxation  —  Constitutional  Pro- 
visions—  Objects  for  which  Taxes  are  Levied  —  The  As- 
sessment—  Assessors  and  Their  Duties  —  Board  of  Review 

—  Collection  of  Taxes  —  Town,  District,  and  County  Col- 
lectors —  Delinquent  Taxes  —  Eminent  Domain  —  Com- 
pensation for  Property  Taken  —  How  Ascertained. 


XIV         FEDERAL    AND    STATE    GOVERNMENT 

CHAPTER  XXIV.  page. 

Rights  and  Duties  of  Citizens 256 

Personal  and  Political  Rights — Personal  Security — Right 
of  Property  —  Personal  Liberty  —  Habeas  Corpus  —  Free- 
dom of  Conscience — Freedom  of  Speech  and  of  the  Press — 
Protection  from  Unjust  Laws  —  Ex  Post  Facto  Laws  — 
Attainders  —  Right  of  Suffrage —  Holding  Office  —  Duties 

—  Obedience  to  the  Law  —  Pajring  Taxes  —  Self  Support 

—  Taking  Part  in  Public  Affairs —  Personal  Responsibility. 

Appendix  A  —  Constitution  of  the  United  States,        .        .        .  267 

Appendix  B  —  Enabling  Act, 283 

Appendix  C  —  Ordinance  of  Constitutional  Convention ,        .         .287 
Appendix  D  —  Constitution  of  Illinois, 289 


PART    I. 

Federal   Government. 


CHAPTER  I. 
ORIGIN  AND  NECESSITY  OF  GOVERNMENT. 

Probably  the  only  man  of  whom  we  have  any  record,  who 
did  not  feel  the  necessity  of  some  form  of  government,  was 
the  children's  friend,  Robinson  Crusoe,  when  he  was  alone 
upon  his  desert  island  before  the  advent  of  his  savage  vis- 
itors bringing  with  them  the  future  companion  of  his  exile. 
So  it  would  be  in  all  cases  if  men  lived  alone,  separate  and 
apart  from  their  fellow-beings,  and  had  no  relations  with 
them  of  a  social,  civil  or  commercial  character.  But  such  is 
not  the  nature  of  mankind.  From  the  earliest  time  recorded 
in  history,  men  have  been  accustomed  to  seek  the  compan- 
ionship of  their  fellow-beings,  and  from  the  moment  that  the 
association  of  human  beings  commences,  the  necessity  for 
some  form  of  government  appears. 

Government  Defined. — Government  may  be  defined  as 
the  control  exercised  by  the  supreme  or  sovereign  power  of 
the  State  over  individuals  for  the  benefit  of  all  under  its 
charge.  This  control  is  exercised  by  means  of  laws,  and  a 
law  is  defined  by  Sir  William  Blackstone  as  a  rule  of  conduct 
commanding  what  is  right  and  forbidding  what  is  wrong. 
The  necessity  for  the  existence  of  some  supreme  power  in 
the  State  becomes  apparent  when  we  consider  the  results 
which  would  follow  from  allowing  each  individual  to  do  or 


2  FEDERAL   GOVERNMENT 

refrain  from  doing  exactly  as  he  pleases.  In  such  a  case  the 
weak  would  have  no  protection  from  the  strong  and  the 
individual  would  have  no  assurance  of  being  allowed  to  en- 
joy the  fruits  of  his  own  labor. 

Hence  for  the  common  good  of  all,  each  individual  has 
been  obliged  to  yield  to  the  supreme  power  of  the  state  some 
of  the  rights  and  prerogatives  which  he  would  possess  if  in 
a  condition  of  absolute  freedom,  and  has  been  bound  by 
civic  regulations  restraining  and  controlling  to  a  certain 
extent  the  acts  of  his  daily  life. 

Government,  then,  implies  control  and  restraint  of  the  in- 
dividual, and  it  should  therefore  be  noticed  that  as  the  exac- 
tions and  requirements  of  government  increase,  to  that 
extent  the  freedom  of  the  individual  is  lost.  The  only  ab- 
solutely free  person  must  be  one  who  lives  solitary  and  apart 
from  his  fellow-beings,  who  owes  them  no  duties  and  re- 
ceives from  them  no  benefits,  and  who  roams  at  will,  ham- 
pered only  by  the  necessity  of  supplying  his  own  wants. 
Thus  the  position  of  an  absolutely  free  man  is  but  little  better 
than  that  of  the  friendless  exile  upon  the  desert  island,  the 
savage  inhabitant  of  unexplored  regions,  or  the  wild  beast 
that  wanders  at  large  through  the  wilderness.  The  over- 
ruling providence,  which  directs  the  evolution  of  the  human 
race,  never  intended  that  man  should  live  in  a  state  of  abso- 
lute and  unrestricted  freedom,  and  therefore  instincts  were 
planted  in  the  human  mind  leading  him  to  seek  associations 
with  his  fellow-beings,  thus  rendering  necessary  the  exist- 
ence of  some  form  of  government,  varying  in  its  details 
according  to  the  condition  of  the  people  and  their  advance- 
ment in  civilization. 

It  follows  that  the  best  and  most  desirable  form  of  gov- 
ernment is  that  which  interferes  least  with  the  freedom  of 
the  individual,  while  at  the  same  time  possessing  sufficient 


ORIGIN    OF   GOVERNMENT  3 

strength  to  protect  its  citizens  in  their  Hfe,  liberty  and  prop- 
erty, to  command  and  compel  obedience  and  to  administer 
uniform  justice  to  individuals  according  to  their  rights  and 
not  according  to  their  strength  or  the  audacity  of  their  de- 
mands. It  will  be  found  that  as  mankind  has  advanced  in 
civilization  the  relations  of  individuals  to  each  other  have 
become  more  varied  and  complex,  and  the  restraints  im- 
posed by  government  more  numerous. 

The  Family. — The  first  and  simplest  form  of  govern- 
ment made  necessary  by  the  association  of  individuals  was 
the  family.  With  the  formation  of  the  family  some  portion 
of  the  freedom  of  the  individual  was  lost  and  some  restraint 
was  placed  upon  his  acts  by  reason  of  governmental  control. 
The  head  and  sovereign  power  of  the  family  was  the  father, 
whose  wishes  all  of  the  members  were  obliged  to  respect, 
and  in  return  for  their  obedience  they  received  his  protection 
and  support.  As  the  family  increased  in  age  and  numbers 
and  children  of  the  second  and  third  generations  appeared, 
the  sovereign  power  remained  vested  in  the  head  of  the  fam- 
ily, who  would  be  the  grandfather,  or  in  the  case  of  his  death, 
his  eldest  son. 

The  Clan. —  In  a  few  generations,  by  the  growth  of  the 
original  family  and  by  its  union  with  others,  the  ties  of  im- 
mediate relationship  no  longer  bound  the  entire  community, 
and  the  association  of  individuals  became  a  group  of  fam- 
ilies, called  a  clan.  The  government  of  the  family  still  con- 
tinued, but  an  additional  and  somewhat  dififerent  power  had 
of  necessity  been  created,  which  exercised  a  control  over 
the  entire  community  for  the  common  good  of  all.  To  pro- 
tect itself  against  the  aggressions  of  other  clans  and  compel 
its  own  members  to  perform  their  duties  toward  each  other, 
it  was  found  necessary  to  have  some  central  authority  whom 
all  must  obey  and  who  had  the  power  to  call  upon  all  of  the 


4  FEDERAL   GOVERNMENT 

members  of  the  clan  to  protect  the  individual  in  the  enjoy- 
ment of  his  rights.  The  person  selected  for  this  important 
function  was  the  head  and  leader  of  the  clan  and  was  called 
the  chief  or  by  some  other  term  of  ecjuivalent  meaning.  It 
was  his  duty  to  prescribe  the  rules  governing  the  clan  in  its 
intercourse  with  neighbors,  to  lead  the  clan  in  case  of  war, 
to  take  measures  which  would  tend  to  keep  his  followers 
free  from  want,  and  to  see  that  each  of  his  subjects  did  his 
duty  and  observed  the  rights  of  his  fellow-clansmen. 

By  this  association  the  individual  lost  some  of  his  rights, 
but  the  benefits  which  he  gained  were  greater  than  his 
losses,  for  he  was  no  longer  obliged  to  rely  entirely  upon 
his  own  efforts  in  guarding  his  flocks,  in  hunting  the  wild 
beasts,  in  erecting  his  dwelling,  or  in  overcoming  his  ene- 
mies, but  he  had  the  support  and  assistance  of  his  fellow- 
clansmen  in  these  undertakings.  For  many  centuries  the 
only  form  of  government  known  to  mankind  was  tliat  of  the 
clan,  which  has  been  described  briefly,  and  which  answered 
all  of  the  needs  of  a  simple  people,  leading  a  rude  and  bar- 
baric life. 

The  Tribe.  —  Later,  the  same  impulses  and  conditions 
being  still  at  work,  diliferent  clans  coming  in  contact  with 
each  other,  led  to  a  union  in  various  ways,  sometimes 
by  the  intermarriage  of  children  of  the  chieftains  or  of  the 
subjects,  sometimes  by  the  necessity  of  making  common 
cause  against  an  enemy,  and  sometimes  by  the  interchange 
of  the  products  of  such  peaceful  arts  as  the  people  possessed. 
The  ordinary  term  used  to  designate  such  a  union  of  clans 
is  tribe,  whose  government  was  in  general  similar  to  that  of 
the  clan,  but  necessarily  included  many  additional  features 
as  the  mass  of  the  people  increased  in  numbers  and  the  tribe 
grew  in  ])ower. 

The  tribe,  while  still  leading  a  mure  or  less  nomadic  life, 


ORIGIN    OF   GOVERNMENT  5 

began  gradually  to  have  fixed  places  of  abode  during  cer- 
tain seasons  of  the  year.  This  made  it  necessary  for  the 
chief  to  prescribe  rules  concerning  the  location  and  manner 
of  constructing  the  rude  huts  in  which  the  people  lived. 
Man  was  not  quite  as  free  as  he  had  been  before,  because  he 
could  not  fix  his  dwelling  place  exactly  where  he  pleased, 
but  was  compelled  to  respect  the  rights  of  others.  If  he 
coveted  the  horse  or  goat  of  his  neighbor,  he  could  not  take 
the  animal  by  virtue  of  superior  strength,  because  such  an 
infraction  of  private  rights  would  not  be  tolerated.  The 
man  whowas  skillful  in  the  chase  was  compelled  to  give  some 
of  the  results  of  his  labor  to  the  artisan  who  manufactured 
his  bow  and  arrows.  Thus  society  became  more  complex, 
and  the  work  of  government  became  more  diverse ;  as  man 
became  more  civilized,  the  reasons  for  the  existence  of  a 
government  became  more  numerous,  and  more  and  more  of 
the  daily  acts  of  the  individual  came  under  its  control. 

Freedom. —  P'rom  what  has  been  said  we  conclude  that 
the  word  freedom,  as  used  in  the  governmental  sense,  is  a 
relative  term  only.  It  must  not  be  confused  with  the  term 
license.  A  free  man,  as  the  term  is  now  used,  is  one  who 
has  certain  well-defined  personal  rights,  such  as  the  right 
to  life,  liberty  and  the  pursuit  of  happiness,  subject  to  the 
restriction  that  he  must  recognize  and  respect  the  same 
rights  existing  in  favor  of  his  fellow-men.  A  free  man  must 
not  be  understood  to  mean  a  man  who  can  do  exactly  what 
he  pleases,  regardless  of  the  rights  of  others,  but  simply  as 
the  citizen  of  a  state  having  a  free  and  independent  govern- 
ment. A  nation  whose  government  recognizes  and  pro- 
tects the  rights  of  all  its  members,  and  which  is  independent 
of  all  other  nations,  is  called  a  free  and  independent  nation. 

Governmental  Development. —  For  many  generations 
the  only  form  of  government  which  existed  was  the  tribal 


fi  FEDERAL   GOVERNMENT 

form,  but  as  men  became  more  civilized  they  began  to  live 
in  villages,  towns  and  cities,  and  government  began  to  as- 
sume new  aspects  and  covered  a  wider  range.  The  chief 
became  a  king  and  exercised  greater  powers.  He  had  in 
his  control  the  life,  liberty  and  property  of  his  subjects.  His 
will  was  the  only  law  of  the  land,  and,  while  he  sometimes 
found  it  convenient  and  even  necessary  to  delegate  some  of 
his  powers  to  others,  still  he  could  always  revoke  these 
powers  at  will  and  confer  them  upon  others  or  exercise  them 
himself.  Such  a  form  of  government  is  now  called  an  abso- 
lute monarchy  or  a  despotism. 

It  was  the  legitimate  outgrowth  of  the  early  tribal  form 
of  government,  and,  while  men  were  rude  and  uncivilized, 
probably  no  better  or  different  form  could  have  been  de- 
vised. The  king  ruled  by  virtue  of  his  superior  strength 
and  intelligence,  or  by  reason  of  his  birth  or  in  some  cases 
by  divine  right  as  it  was  claimed,  and  the  people  obeyed  be- 
cause they  had  not  yet  learned  that  they  constituted  the  only 
source  of  the  powers  of  the  government,  and  that  the  gov- 
ernment had  no  just  powers  except  such  as  it  exercised  with 
the  full  consent  of  the  governed. 

It  would  be  interesting  to  trace,  step  by  step,  the  evolu- 
tion and  growth  of  the  various  forms  of  government  that 
have  existed,  commencing  with  the  tribal,  down  through  the 
different  kinds  of  monarchies,  oligarchies  and  republics  of 
ancient  and  mediaeval  times  to  the  constitutional  monarchies 
and  republics,  the  most  enlightened  forms  of  government 
of  our  own  times,  and  to  show  in  detail  how,  as  mankind 
advanced  in  civilization,  the  science  of  government  has 
developed.  For  many  centuries,  governments  have  been 
changing  and  progressing  in  their  forms  and  duties,  from 
the  time  when  men  were  simply  roving  hunters  and  herders 
of  cattle  until  they  became  tillers  of  the  soil  and  arti.sans  with 


ORIGIN    OF    GOVERNMENT  7 

fixed  places  of  abode,  and  until  Tinally  they  came  to  engage 
in  all  of  the  different  branches  of  commerce,  manufacture 
and  art  which  pertain  to  modern  civilized  life,  but  the  his- 
tory of  these  changes  and  developments  furnishes  fields  for 
study  and  investigation  which  must  be  pursued  independ- 
entlv. 


CHAPTER  II. 
DIFFERENT  FORMS  OF  GOVERNMENT. 

It  has  been  shown  already  how  the  tribal  form  of  govern- 
ment originated,  and  that  it  is  the  earliest  form  of  govern- 
ment known  to  man.  It  is  true  that  the  clan  preceded  the 
tribe  and  the  family  preceded  the  clan,  but  family  govern- 
ment, as  it  exists  to-day,  cannot  properly  be  considered  in 
a  work  of  this  kind.  Our  study  will  deal  only  with  the  gov- 
ernment which  controls  every  citizen  in  conmion  with  his 
fellow-citizens  with  reference  to  public  matters :  in  other 
words,  the  civil  government  under  which  we  live. 

In  this  chapter,  attention  will  be  directed  to  tlie  various 
forms  of  civil  government,  both  ancient  and  modern,  thai 
the  difference  between  our  own  government  and  others  may 
be  more- clearly  understood. 

The  Tribal  Form  of  Government. — This  form  of  gov- 
ernment still  exists  in  some  parts  of  the  world,  but  it  is 
to  be  found  only  among  uncivilized  and  uneducated  people. 
The  American  Indians,  except  in  cases  where  they  have 
adopted  the  habits  of  civilized  life,  still  live  under  a  tribal 
form  of  government,  but  a  better  illustration  is  to  be  found 
among  the  savage  inhabitants  of  some  parts  of  Asia  and 
Africa  and  the  islands  of  the  Pacific  Ocean.  Little  need  be 
said  concerning  this  form  of  government,  as  it  has  no  writ- 
ten laws  and  the  supreme  power  is  vested  in  the  chief.  His 
authority  is  shown  principally  by  his  leadership  in  time  of 
war  and  his  selfish  exactions  in  time  of  peace.     Xo  doubt 

(8) 


DIFFERENT    FORMS    OF    GOVERNMENT  9 

the  g-overnment  of  some  tribes  has  been  beneficial  to  the 
people  composing  them,  in  cases  where  the  chief  has  been 
a  man  of  unusual  wisdom  and.  actuated  by  benevolent  mo- 
tives, but  such  instances  have  been  few  and  governments  of 
this  kind  now  exist  only  among  people  so  rude  and  barbaric 
that  they  are  incapable  of  instituting  any  better  system.  A 
general  knowledge  of  the  tribal  form  of  government  is  nec- 
essary principally  to  enable  the  student  to  comprehend  more 
clearly  the  part  which  it  has  taken  in  the  development  of  the 
science  of  government,  and  not  because  it  will  directly  aid 
him  in  performing  the  duties  of  citizenship. 

It  was  the  first  step  taken  toward  the  construction  of  a 
civil  system.  It  marked  an  era  in  the  evolution  and  growth 
of  governmental  institutions.  It  fulfilled  the  purpose  for 
which  it  was  intended  until  it  came  to  be  replaced  by  more 
efficient  systems.  For  this  reason  the  tribal  form  of  gov- 
ernment deserves  a  place  in  our  study,  and  as  we  progress 
attention  will  be  given  to  those  features  of  our  own  system 
in  the  growth  of  which  tribal  government  has  played  a  part. 

The  Absolute  Monarchy. — This  term  designates  the 
form  of  government  in  which  the  absolute  power  of  making 
and  enforcing  laws  controlling  the  liberty,  property  and  wel- 
fare of  the  mass  of  the  people  is  vested  in  the  monarch,  who 
is  called  by  different  names.  He  is  called  the  Emperor  in 
China,  the  Shah  in  Persia,  the  Sultan  in  Turkey,  and  the 
,Czar  in  Russia,  but,  by  whatever  name  he  is  known,  he  is 
the  absolute  ruler  of  his  people.  The  government  has  no 
legislature  chosen  by  the  people  to  make  laws  for  their  own 
good,  but  the  only  laws  consist  of  imperial  decrees  or  edicts, 
which  must  be  obeyed  strictly  or  the  severest  punishment 
will  follow.  The  laws  are  not  enforced  by  officers  chosen 
by  the  people,  but  by  officers  appointed  directly  or  indi- 
rectly by  the  ruler,  whose  aims  are  to  administer  the  law  as 


10  FEDERAL  GOVERNMENT 

the  monarch  dictates,  regardless  of  reason  or  justice  toward 
the  individuals  whose  interests  are  at  stake. 

Under  such  a  government  a  person  who  is  accused  of 
violation  of  the  laws  does  not  have  the  benefit  of  a  full,  fair 
and  open  trial,  but  his  case  is  decided  summarily  by  a  magis- 
trate who  has  no  object  in  view  except  to  carry  out  the 
personal  wishes  of  his  ruler,  or  in  many  cases  the  offender 
is  given  no  trial,  but  is  hurried  away  to  imprisonment,  ban- 
ishment or  death,  without  even  knowing  of  what  he  is  ac- 
cused. 

Such  a  form  of  government,  no  matter  what  may  be  the 
personal  merits  of  the  ruler,  can  exist  only  in  countries 
where  the  people  are  kept  in  subjection  by  ignorance  and 
superstition,  and  are  made  to  believe  that  their  ruler  is  right- 
fully entitled  to  everything  which  he  sees  fit  to  demand. 
With  the  spread  of  education  and  intelligence  among  the 
people,  such  a  form  of  government  is  bound  to  lose  its 
powers  and  be  overthrown,  to  be  replaced  by  some  other 
system  recognizing  the  rights  of  man  and  the  equality  of  the 
individual  before  the  law. 

The  Oligarchy. —  It  sometimes  happened  in  ancient 
times  that  the  government  of  a  people,  instead  of  being 
committed  to  a  single  hereditary  chief,  was  given  to  a  num- 
ber of  persons  of  equal  power,  constituting  a  governmental 
council  having  supreme  control  over  the  lives  and  property 
of  the  people.  Such  a  form  of  government  is  called  an 
oligarchy — that  is  to  say,  government  by  a  few,  according 
to  the  etymological  meaning  of  the  word. 

Such  governments  were  generally  of  comparatively  brief 
duration,  because  jealousies  arose  and  ambitions  were  de- 
veloped among  the  persons  composing  the  oligarchy  and 
the  strife  thus  engendered  usually  led  to  civil  war  and  the 


DIFFERENT   FORMS   OF   GOVERNMENT  H 

overthrow  of  the  government,  resulting  m  the  triumph  of 
the  strongest  and  a  despotic  form  of  government. 

Any  government  in  which  the  civil  power  is  vested  in  a 
limited  number  of  persons,  as  in  a  republic  where  the  right 
of  suffrage  is  narrowly  restricted,  may  properly  be  called  an 
oligarchy,  although  the  term,  as  originally  used,  is  applied 
to  such  a  form  of  government  as  at  one  time  existed  in 
Rome,  in  some  of  the  states  of  Greece,  and  in  Venice. 

The  Ancient  Republic.  —  The  impression  prevails 
with  many  that  the  republican  form  of  government  is  of 
purely  modern  origin.  But  many  centuries  before  this  con- 
tinent was  discovered,  the  people  of  Ancient  Rome  were 
accustomed  to  meet  in  their  forum,  or  public  meeting  place, 
and  there  enact  laws  and  perform  all  of  the  governmental 
functions.  These  meetings  were  called  comitia.  At  a  dif- 
ferent period,  the  Greeks  carried  on  their  government  in 
similar  public  meetings,  called  ccclesia,  which  were  held  out 
of  doors  in  the  agora,  or  market  place,  and  at  a  later  period 
many  of  the  Anglo-Saxon  tribes  decided  questions  of  peace 
and  war,  levied  taxes  and  punished  criminals  at  public  meet- 
ings in  which  citizens  took  part. 

All  of  these  governments  were  republics,  because  in  them 
the  source  of  power  was  recognized  as  existing  in  the  body 
of  the  people.  They  were  essentially  different,  however, 
from  our  own  republic,  because  the  rights  of  citizenship 
and  property  were  restricted  to  particular  classes  of  the 
population,  and  the  equality  of  all  individuals  before  the  law 
was  not  recognized. 

The  principles  which  lie  at  the  foundation  of  our  own  re- 
public were  unknown  in  Ancient  Greece  and  Rome ;  these 
republics  were,  in  fact,  but  little  better  than  the  form  of 
government  which  has  been  described  as  an  oligarchy. 


12  FEDERAL   GOVERNMENT 

The  Constitutional  or  Limited  Monarchy.  —  The 
origin,  development  and  growth  of  the  constitutional  or  lim- 
ited monarchy,  as  it  exists  in  the  enlightened  European 
nations  of  to-day.  such  as  England,  Holland.  Norway  and 
Sweden,  has  much  in  common  with  our  own  governmental 
history.  Many  political  institutions  which  we  highly  prize, 
as  the  town  meeting,  and  some  features  of  representative 
government  to  be  described  hereafter,  had  their  origin  in 
the  customs  of  the  Teutonic  tribes  which  formerly  inhabited 
the  shores  of  the  North  and  Baltic  seas,  and  the  valley 
of  the  Elbe,  and  many  of  these  institutions  exist  to-day  in 
the  monarchical  governments  just  mentioned. 

To  attempt  to  enumerate  and  discuss  in  this  connection 
all  of  these  points  of  resemblance  between  the  constitutional 
monarchy  of  England  and  the  government  of  our  own  re- 
public would  interfere  with  the  orderly  arrangement  of  our 
work,  and  properly  belongs  to  another  branch  of  study  ;  but 
as  our  work  progresses  it  will  appear  that  in  many  respects 
Englishmen  and  Germans  enjoy  fully  as  great  political  free- 
dom as  do  the  citizens  of  the  United  States  of  America,  and 
that  many  of  our  most  highly  prized  political  institutions  did 
not  originate  with  us,  but  were  brought  across  the  seas  by 
our  ancestors  to  this  land,  where,  by  the  general  education 
of  the  people,  they  speedily  received  a  wider  application 
and  more  perfect  development  than  conditions  would  permit 
in  other  countries. 

A  limited  or  constitutional  monarchy  may  be  defined  in 
general  as  a  government  whose  chief  ruler,  whether  he  be 
called  king  or  emperor,  does  not  enjoy  absolute  power, 
because  his  rights  and  privileges  are  limited  by  restrictions 
placed  upon  them  for  the  benefit  of  the  people.  These  re- 
strictions exist  in  the  form  of  laws  which  cannot  be  abro- 
gated by  the  ruler  without  a  revolution ;  they  are  so  bene- 


DIFFERENT   FORMS   OF   GOVERNMENT  13 

ficial  and  necessary  to  the  welfare  of  all  classes  of  society 
that  their  modification  or  annulment  would  never  meet  the 
approval  of  the  people.  The  rights  so  secured  to  the  people 
are  constitutional — that  is  to  say,  they  are  inherent  and  can- 
not be  taken  away  without  the  consent  of  the  people.  The 
constitutional  monarchy  naturally  takes  the  place  of  the 
absolute  form  of  government  in  those  countries  where  the 
people  have  become  so  enlightened  that  they  insist  upon 
the  right  to  make  the  laws  under  which  they  live. 

The  constitutional  monarchy  is  a  link  in  governmental 
development  between  the  absolute  monarchy  and  the  mod- 
ern republic.  It  has  many  features  in  common  with  the 
absolute  monarchy.  For  instance,  the  sovereign  holds  his 
office  for  life,  and  upon  his  death  is  succeeded  by  his  eldest 
son  or  daughter,  or,  in  case  he  has  none,  by  his  next  of  kin 
in  the  order  of  succession.  This  right  to  rulership  is  called 
hereditary,  because  it  exists  by  reason  of  the  birth  of  the 
jjerson  who  enjoys  it,  and  descends  from  one  generation  to 
another.  A  change,  or  attempted  change,  in  the  order  of 
succession  has  generally  produced  a  revolution  and  has 
caused  many  of  the  bloodiest  wars  in  history. 

The  constitutional  monarchy  also  has  many  features  in 
common  with  our  own  republic — as,  for  instance,  the  power 
of  taxation  is  exercised  only  by  the  representatives  of  the 
people  and  not  according  to  the  whim  or  caprice  of  the 
ruler,  and  the  laws  are  enacted  by  chosen  representatives  ot 
the  people. 

The  Modern  Republic. — The  last  form  of  government 
to  be  noticed  is  the  republican.  It  is  the  youngest  in  point 
of  time,  and  it  is  the  product  of  the  highest  intellectual  de- 
velopment. In  speaking  of  and  defining  the  republican 
form  of  government,  it  nmst  be  understood  that  reference  is 
had  to  our  own  republic  alone,  because  the  ancient  republics 


14  FEDERAL   GOVERNMENT 

were  but  little  better  than  oligarchies,  and  other  modern 
republics,  such  as  France  and  the  countries  of  South  and 
Central  America,  have  institutions  essentially  different  from 
those  of  our  own  country.  In  fact,  the  only  people  who 
enjoy  governmental  rights  and  privileges  very  closely  re- 
sembling our  own  are  the  Swiss. 

A  republic  may  be  defined  as  a  nation  in  which  the  sover- 
eign power  resides  in  the  whole  body  of  the  people  and  is 
exercised  by  representatives  chosen  by  them.  The  people 
are  the  source  of  all  power,  and  no  class  is  recognized  as 
enjoying  any  exclusive  privilege,  but  all  have  equal  rights 
before  the  law.  As  characterized  by  President  Lincoln,  it 
is  a  government  "of  the  people,  for  the  people  and  by  the 
people." 

The  head  of  the  government,  called  the  President,  docs 
not  hold  his  position  by  reason  of  his  birth,  as  in  mon- 
archies, but  because  he  has  been  chosen  by  the  whole  body 
of  the  people.  The  laws  which  protect  the  people  in  their 
rights  are  made  by  men  who  have  been  selected  by  the 
])eople  to  do  this  work  for  them.  It  would  be  impossible 
for  the  people  in  even  a  single  city  to  meet  together  to 
make  laws  for  its  government,  as  the  meeting  would  be  too 
large  for  purposes  of  deliberation :  therefore  the  people 
choose  representatives  for  the  different  sections  of  the  coun- 
try, who,  in  the  aggregate,  exercise  the  power  of  the  people 
to  make  the  laws.  In  a  republic  the  laws  are  applied  to  the 
transactions  of  daily  life  by  courts  and  judges  created  and 
appointed  in  the  manner  which  the  people  decide  to  be  for 
the  best  interests  of  all,  and  not  by  judges  in  whose  appoint^ 
ment  the  people  have  had  no  voice,  as  is  the  case  in  most 
monarchical  governments. 

The  features  which  distinguish  the  republican  form  of 
government  from  all  others  are  that  all  governmental  pow- 


DIFFERENT   FORMS   OF   GOVERNMENT  15 

ers  emanate  from  the  people,  all  taxes  are  levied,  courts 
maintained,  laws  made,  and  every  public  institution  put  in 
operation  by  the  representatives  of  the  people,  for  the  good 
of  all  the  people  and  with  their  consent.  A  government 
has  no  just  powers  except  such  as  it  exercises  with  the  con- 
sent of  the  governed.  The  difference  between  such  a  gov- 
ernment and  an  absolute  monarchy  or  despotic  form  of 
government  is  so  radical  and  apparent,  that  with  a  little 
reflection  you  can  enumerate  many  of  the  points  of  dififer- 
ence  without  further  aid. 

Popular  Government. —  In  concluding  this  chapter  we 
are  naturally  led  to  consider  the  meaning  of  the  term 
popular  government,  which  is  often  used  in  describing  the 
government  of  our  own  country,  as  well  as  that  of  other 
civilized  nations.  This  is  a  general  term,  meaning  govern- 
ment by  the  people,  and  may  be  applied  properly  to  any 
government  in  which  the  people  take  part,  either  directly 
or  through  their  representatives. 

The  government  of  the  United  States  and  each  of  the 
States  of  the  Union  is  a  popular  government,  and  the  same 
is  true  to  a  greater  or  less  extent  of  all  of  the  modern  repub- 
lics and  of  a  limited  monarchical  form  of  government,  like 
that  of  England.  The  extent  to  which  the  people  may  be 
allowed  to  participate  in  the  functions  of  government  must 
depend  upon  their  education,  intelligence  and  aptitude  for 
political  affairs.  Consequently  popular  governments  flour- 
ish in  those  countries  where  there  is  general  diffusion  of 
knowledge,  and  the  inhabitants,  by  their  education,  experi- 
ence and  training,  are  able  to  consider  governmental  ques- 
tions in  an  intelligent  manner. 

Great  advances  are  being  made  continually  in  the  devel- 
opment of  popular  government,  and  in  all  of  the  Euro- 
pean   countries,  except  the  absolute  monarchies,  greater 


16  FEDERAL   GOVERNMENT 

political  powers  have  gradually  been  given  to  the  people. 
But  probably  the  theory  of  a  popular  government  in  the 
widest  and  fullest  meaning  of  the  term  will  never  be  fully 
realized  except  in  the  management  of  local  affairs  in  com- 
paratively small  communities. 


CHAPTER  III. 
DISTINCTIVE  FEATURES  OF  OUR  GOVERNMENT. 

Let  us  now  consider  some  of  those  features  of  our  own 
government  which  distinguish  it  from  all  others,  the  under- 
lying principles  which  are  embodied  in  different  ways  in 
every  branch  of  the  civil  government,  all  of  which  tend  to 
make  the  government  of  the  United  States  the  most  perfect 
example  which  has  yet  been  produced  of  an  enlightened 
form  of  popular  government.  The  fact  has  already  been 
noted  that  in  the  theory  of  our  government  the  source  of  all 
power  lies  in  the  people  who  are  governed,  that  the  govern- 
ment derives  all  of  its  powers  from  their  consent,  and  that 
all  of  the  people,  directly  or  indirectly,  participate  in  the 
work  of  governing. 

This  principle  cannot  be  dwelt  upon  too  much,  because, 
unless  it  is  fully  understood  and  appreciated,  we  cannot 
comprehend  our  political  institutions,  and  without  a  just 
comprehension  of  these  institutions  it  is  impossible  to  be  a 
good  citizen.  It  will  at  times  be  difficult  to  see  how  the 
plain,  ordinary  citizen,  whose  time  is  spent  in  attending  to 
his  business  and  providing  for  the  wants  of  his  family,  takes 
part  in  the  important  functions  of  government,  such  as 
levying  taxes,  making  laws  and  managing  public  institu- 
tions ;  but  such  is  the  fact. 

It  is  apparent  that  in  a  small  community,  all  properly 
qualified  persons  can  and  should  have  a  direct  participation 
in  public  matters,  and  the  history  of  nations  shows  in  many 

(17) 


ly  FEDERAL   GOVERNMENT 

cases  that  in  the  early  days  the  people  actually  ruled,  and 
all  had  a  voice  in  the  government.  The  difficulty  has  been 
that  as  nations  grew  in  population  and  importance,  it  was 
no  longer  possible  to  carry  on  the  work  of  government  by 
a  mass-meeting  of  the  people,  and  consequently  the  people 
gradually  lost  their  individual  rights,  until  finally  an  abso- 
lute form  of  government  was  established.  It  has  remained 
for  the  people  of  this  great  republic  to  evolve  a  scheme  of 
government  whereby  the  rights  of  the  citizens  have  been 
preserved,  and  at  the  same  time  the  nation  has  grown  won- 
derfully in  power  and  importance. 

Representative  Government.  —  To  our  Anglo-Saxon 
ancestors  we  owe  the  discovery  and  application  of  a  system 
which  has  been  an  effective  instrumentality  for  enabling  the 
people  of  this  vast  country  to  retain  their  individual  rights 
and  to  take  part  effectively  in  administering  the  govern- 
ment. We  ordinarily  describe  this  system  as  government 
by  representation,  or  representative  government.  By  this 
device  the  community  which  has  become  large  and  pop- 
ulous is  divided  into  districts,  called  by  different  names, 
each  of  which  chooses  by  popular  vote  one  or  more  persons 
to  represent  it  in  the  government  and  to  speak  for  the  dis- 
trict in  all  governmental  matters. 

Thus  the  several  States  composing  the  United  States  are 
represented  in  the  national  government  by  their  senators 
and  representatives  in  Congress,  and  in  each  of  the  States 
the  law-making  part  of  the  government  is  conducted  at  the 
State  capital  by  representatives  chosen  by  the  people  resid- 
ing in  the  different  sections  of  the  State,  and  in  the  cities. 
towns,  villages  and  school  districts  the  same  principle  is 
applied.  All  of  these  arrangements  will  be  shown  in  detail 
when  we  come  to  consider  the  difforcMit  branches  of  the 
government  under  which  we  live,  but  for  the  present  it  is 


DISTINCTIVE   FEATURES  19 

enough  to  remember  that  the  people  themselves  carry  on 
the  government  by  means  of  representative  assemblies. 

The  Congress  of  the  United  States,  the  Legislatures  of 
tlie  various  States,  the  City  Councils  of  the  different  cities, 
all  are  representative  assemblies,  because  they  are  composed 
of  delegates  elected  by  the  people. 

History  of  Government  by  Representation.  — ^The 
principle  of  government  by  representation  came  to  us 
from  England  where  it  had  been  in  use,  more  or  less  ex- 
tensively, since  the  earliest  days  of  English  history,  but  it 
cannot  be  said  to  have  originated  in  England,  as  traces  of 
such  a  system  have  been  found  in  the  fragmentary  history 
of  the  Anglo-Saxon  tribes,  to  whom  reference  has  already 
been  made  as  being  the  originators  of  some  of  our  political 
institutions. 

Historians  generally  have  recognized  the  Germanic  origin 
of  this  institution,  and  that  its  introduction  into  England 
was  due  to  its  existence  among  the  Anglo-Saxon  tribes 
who  invaded  England  during  the  fifth  century.  A  distin- 
guished English  historian,  in  describing  the  civil  organiza- 
tion of  these  tribes,  says  : 

"But  the  peculiar  shape  which  its  civil  organization 
assumed  was  determined  by  a  principle  familiar  to  the  Ger- 
manic races  and  destined  to  exercise  a  vast  influence  on  the 
future  of  mankind.  This  was  the  principle  of  representa- 
tion. The  four  or  ten  villagers  who  followed  the  reeve  of 
each  township  to  the  general  muster  of  the  hundred  were 
held  to  represent  the  whole  body  of  the  township  from 
whence  they  came.  Their  voice  was  its  voice,  their  doing 
its  doing,  their  pledge  its  pledge."* 

Therefore  it  is  safe  to  say  that  from  time  immemorial  the 
])rinciple  of  government  by  representation  has  been  familiar 

■KJreen's  History  of  the  English  People.    Vol.  I.,  Chap.  I. 


20  FEDERAL  GOVERNMENT 

to  Englishmen,  even  before  they  came  to  live  in  their  island 
kingdom,  and  while  they  inhabited  their  fatherland  in 
Northern  Germany  and  Denmark.  For  a  time  this  system 
was  applied  only  to  the  government  of  small  communities, 
but,  as  the  centuries  rolled  by,  it  received  a  wider  applica- 
tion and  finally  became  one  of  the  chief  factors  in  the 
administration  of  national  affairs. 

We  cannot  undertake  to  trace  the  history  of  the  develop- 
ment of  representative  government  in  England  through  the 
centuries  which  have  passed  since  the  Anglo-Saxon  inva- 
sion, but  one  of  its  critical  stages  may  be  noticed  with  profit. 
During  the  thirteenth  century  there  was  a  long  struggle  be- 
tween the  King  of  England,  who  was  seeking  to  retain 
absolute  power,  and  the  people,  who  were  striving  for 
greater  political  rights,  under  the  leadership  of  Simon  de 
Montfort,  Earl  of  Leicester.  In  this  struggle,  called  the 
Baron's  War,  which  lasted  for  many  years,  the  people  finally 
triumphed,  and  in  the  year  1265  a  Parliament  was  assem- 
bled, composed  of  representatives  of  all  of  the  people. 

Comparatively  little  is  known  of  this  Parliament,  except 
that  it  was  the  first  example  of  the  complete  application  of 
the  principle  of  representation  to  the  aflfairs  of  the  whole 
nation.  Thirty  years  later  the  work  was  completed  and 
perfected  by  the  assembling,  during  the  reign  of  Edward  I., 
of  what  is  called  in  English  history  the  Model  Parliament. 

Then,  to  know  fully  the  history  of  representative  govern- 
ment, as  it  exists  among  the  English-speaking  people,  it  is 
necessary  to  commence  with  the  German  tribes  who  in 
ancient  times  inhabited  the  northern  part  of  Europe,  to 
follow  them  in  their  invasion  of  England,  and  to  trace  for 
many  years  the  struggles  with  kings  and  nobles  until  the 
time  of  Edward  I.,  and  thence  to  the  settlement  of  our  own 
country  in  the  early  part  of  the  seventeenth  century.    It  is  a 


DISTINCTIVE   FEATURES  21 

long  story,  filled  with  tales  of  human  suffering,  war  and 
bloodshed,  which  we  little  realize  in  our  day,  so  accustomed 
have  we  become  to  the  enjoyment  of  these  privileges  se- 
cured by  the  continued  struggles  of  our  ancestors  for  so 
many  centuries. 

Public  Office. —  Another  distinctive  feature  of  our  gov- 
ernment is  suggested  by  the  principle  emphasized  at  the 
beginning  of  this  chapter,  that  the  "consent  of  the  gov- 
erned" is  the  foundation  of  our  system.  Bearing  this  in 
mind,  it  naturally  follows  that  we  have  no  rulers  in  the 
governmental  sense,  for  all  of  the  officers  of  the  govern- 
ment, from  the  President  down  to  the  humblest  clerk  of  the 
rural  village,  are  the  agents  of  the  people,  chosen  by  them 
to  do  certain  work  and  expected  to  carry  out  their  wishes  as 
expressed  in  laws  enacted  by  the  representatives  of  the 
people. 

It  has  frequently  been  said  that  "public  office  is  a  pub- 
lic trust."  This  is  true,  and  means  simply  that  the  man 
who  is  chosen  to  hold  a  public  office  has  intrusted  to  him  by 
the  people  the  performance  of  certain  duties,  and  that  he 
must  at  all  times  be  prepared  to  give  an  account  of  his  stew- 
ardship. If  unfaithful,  he  is  answerable  to  the  people  he 
has  betrayed.  Public  officers  are  the  servants,  agents, 
clerks  and  treasurers,  and  not  the  masters  of  the  people. 

Written  Constitutions. — We  come  now  to  consider 
a  feature  of  our  government  which  is  peculiarly  and  dis- 
tinctively American  in  its  origin  and  development.  It  is 
known  as  the  written  constitution.  The  constitution  is  an 
important  feature  of  all  representative  governments,  whether 
the  government  be  a  limited  monarchy,  like  that  of  Eng- 
land, or  a  republic,  like  the  United  States,  and  to  thoroughly 
vmderstand  such  a  government  we  must  know  the  meaning 
of  the  word  "constitution"  and  all  of  its  various  applications. 


22  FEDERAL  GOVERNMENT 

The  constitution,  as  the  term  is  used  in  this  country, 
means  a  written  document  defining  the  powers  of  the  gov- 
ernment, the  terms  and  conditions  of  which  furnisli  the  test 
for  determining  whether  or  not  the  government  is  exceed- 
ing its  powers  in  the  performance  of  any  specific  act.  It  is 
often  briefly  defined  as  the  supreme  law  of  the  land,  the 
fundamental  statute  to  which  all  other  laws  must  conform. 
By  this  we  mean  that  all  other  laws,  whether  enacted  by 
Congress  or  any  other  legislative  body,  must  comply  with 
its  provisions,  and  that  any  law  which  violates  the  constitu- 
tion in  any  respect  is  void  and  of  no  cflfect,  or,  as  it  is 
ordinarily  termed,  is  unconstitutional. 

We  may  also  regard  the  constitution  as  the  instrument 
which  sets  forth  in  detail  those  rights  which  the  people  have 
surrendered  to  the  general  government  for  the  common 
good,  and  the  restrictions  imposed  upon  the  government  in 
exercising  these  rights.  It  is  the  charter  from  the  people 
to  the  government  under  which  the  government  exists. 

The  constitution  of  the  United  States  is  a  written  instru- 
ment, setting  forth  in  detail  what  powers  can  be  exercised 
by  the  general  government,  and  the  manner  in  which  its 
functions  must  be  performed.  It,  therefore,  limits  and  de- 
fines the  objects,  purposes  and  management  of  the  govern- 
ment, and  expressly  provides,  in  one  of  its  amendments, 
that  the  powers  not  delegated  to  the  United  States  by  the 
constitution,  nor  prohibited  by  it  to  the  States,  are  reserved 
to  the  States  respectively,  or  to  the  people,  thereby  affirming 
the  doctrine  that  the  fundamental  source  of  power  is  the 
people,  who  may  or  may  not  delegate  all  of  their  powers  to 
the  government. 

What  has  been  said  concerning  the  Constitution  of  the 
United  States  is  in  a  measure  applicable  to  the  constitutions 
of  the  respective  States.     Each  of  the  States  within  its  bor- 


DISTINCTIVE   FEATURES  23 

ders  has  absolute  control  of  the  governmental  machinery 
relating  to  the  whole  State.  Leaving  out  of  consideration 
local  municipal  affairs,  all  governmental  powers  which  have 
not  been  committed  to  the  federal  government  through  the 
medium  of  the  Constitution  of  the  United  States  are  exer- 
cised by  the  State  government.  It  naturally  follows  that 
the  constitution  of  a  State  will  more  intimately  concern  the 
private  life  and  the  daily  acts  of  the  citizens  than  the  Con- 
stitution of  the  United  States,  because  by  far  a  greater 
number  of  matters  are  under  the  control  of  the  State  gov- 
ernment than  of  the  national  government. 

Branches  of  Government. —  Another  characteristic 
feature  of  our  government  under  the  constitution  is  the  care 
with  which  the  various  departments  of  the  government  are 
separated,  so  that  each  will  constitute  a  check  upon  the 
other.  These  constitutional  provisions  are  peculiar  to  our 
government  and  are  not  to  be  found  in  England  or  other 
countries  under  a  constitutional  form  of  government.  The 
functions  performed  by  a  government  are  divided  into  three 
classes,  the  legislative,  executive  and  judicial. 

The  legislative,  or  law-making,  department  lies  at  the 
foundation  of  the  government.  As  a  government  exercises 
its  control  over  its  citizens  by  means  of  laws,  it  is  apparent 
that  the  law-making  power  is  the  first  to  be  considered  in 
any  scheme  of  government,  and  that  the  right  to  make  laws 
is  one  of  the  indispensable  attributes  of  sovereign  power. 

The  judicial  department  in  a  constitutional  government 
exists  for  the  purpose  of  interpreting  the  laws  and  applying 
them  to  the  transactions  of  daily  life.  It  exercises  an  impor- 
tant check  upon  the  legislative  department,  because  it  deter- 
mines whether  or  not  any  of  the  laws  enacted  by  the  legisla- 
ture are  in  violation  of  the  constitution,  and,  for  that  reason, 
void. 


24  FEDERAL  GOVERNMENT 

The  executive  department  executes  the  laws.  This  may 
be  done  by  providing  the  proper  machinery  for  carrying 
into  effect  the  declarations  of  the  legislature  without  the 
intervention  of  any  court,  or  by  carrying  out  the  decisions 
of  a  court  as  to  the  effect  of  the  laws  upon  a  given  transac- 
tion. 

Different  Governments  Under  Which  We  Live.— 
We  shall  now  consider  briefly  the  triple  character  of  the 
government  under  which  every  citizen  of  the  United  States 
lives,  and  show  that  he  owes  allegiance  to  three  dif- 
ferent governments — namely,  the  national  government, 
the  State  government  and  the  local  or  municipal  govern- 
ment of  the  city,  town  or  village  in  which  he  has  his  home. 
And  herein  we  find  a  governmental  arrangement  peculiar  to 
our  own  country,  to  which  we  may  point  with  pride,  because 
by  means  of  it  we  have  been  able  to  become  one  of  the  great 
nations  of  the  earth  and  at  the  same  time  have  left  with 
the  people  unimpaired  the  right  of  local  self-government. 

This  great  result  has  been  accomplished  through  the  me- 
dium of  written  constitutions,  by  which  the  people  have 
delegated  to  these  different  governments  the  only  powers 
which  they  can  rightfully  exercise.  Thus  the  Constitution 
of  the  United  States  sets  forth  in  detail  those  powers  which 
are  to  be  exercised  and  the  duties  which  are  to  be  per- 
formed by  the  Federal  Government,  which  has  no  right 
whatever  to  exceed  the  limits  imposed  by  the  constitution. 
These  powers  are  of  such  a  character  that  they  could  not 
well  be  exercised  by  each  individual  State ;  because  relating, 
as  they  do,  to  the  welfare  of  the  entire  country,  they  must 
be  exercised  in  a  uniform  manner  throughout  the  entire 
territory. 

The  Federal  Government,  among  other  things,  has  power 
to  regulate  our  intercourse  with  foreign  nations,  to  pro- 


DISTINCTIVE   FEATURES  25 

vide  for  the  support  of  the  army  and  navy,  to  establish 
and  maintain  a  postal  system,  to  coin  money  and  issue 
bills  and  notes  which  circulate  as  money,  and  to  fix  the 
terms  and  conditions  under  which  people  torn  in  other 
countries  may  become  citizens  of  the  United  States.  It  is 
apparent  that  powers  such  as  these  must  be  exercised  by 
some  central  authority  that  can  enforce  obedience  in  all 
parts  of  the  land,  and  for  this  reason  the  g-overnment  of  the 
United  States  as  a  nation  was  established. 

The  next  government  to  which  every  citizen  owes  respect 
and  obedience  is  that  of  the  State  in  which  he  lives.  The 
powers  and  prerogatives  of  the  state  governments  are  much 
more  numerous  than  those  of  the  national  government. 
The  only  limitations  placed  by  the  Constitution  of  the 
United  States  upon  the  power  of  a  state  government  are  that 
it  shall  not  exercise  any  of  the  powers  which  have  been 
given  exclusively  to  the  United  States,  and  shall  not  do  cer- 
tain other  things  expressly  forbidden,  which  no  State  would 
probably  ever  wish  to  do,  as  coining  money,  granting  titles 
of  nobility  or  passing  any  law  impairing  the  obligation  of 
contracts.  With  these  few  restrictions,  every  governmental 
action  is  within  the  power  of  the  State,  subject  only  to  such 
conditions  as  may  be  imposed  by  the  people  through  the 
provisions  of  the  State  constitution. 

The  third  government  to  which  every  citizen  is  subject  is 
the  municipal  government  of  the  village  or  city  in  which  he 
lives.  All  city  governments  derive  their  powers  from  the 
legislature  of  the  State  in  which  they  are  situated  and  can 
exercise  no  power  or  authority  except  such  as  is  granted 
by  the  act  of  the  legislature  creating  the  city  government. 
These  powers  are  numerous  and  intimately  connected  with 
the  daily  life  of  the  citizen.  The  city  government  is  the 
agency  provided  by  the  State  for  enabling  the  inhal)itants  of 


2fi  FEDERAL  GOVERNMENT 

a  city  to  regulate  their  own  local  affairs,  as  the  control  of 
streets  and  sidewalks,  the  construction  of  buildings,  the- 
supplying  of  water,  and  numerous  systems  tending  to  pro- 
mote the  health  and  welfare  of  the  citizens  in  their  daily 
life. 

In  this  way  the  magnificent  fabric  of  our  government  has 
been  created.  It  is  a  marvel  of  political  ingenuity,  because 
it  is  the  only  government  which  has  solved  the  problem  of 
preserving  the  right  of  the  people  to  regulate  local  affairs 
and  has  constructed  a  powerful  nation  out  of  independent 
self-governing  elements. 

The  Declaration  of  Independence. —  When  our  fore- 
fathers decided  to  form  an  independent  government  for 
the  benefit  of  the  people  of  this  country,  they  wisely  deter- 
mined to  state  definitely  their  ideas  as  to  what  such  a  gov- 
ernment should  be  and  the  reasons  for  their  action  in  a 
document  signed  by  the  representatives  of  the  people,  so 
that  all  who  perused  it  could  understand  the  motives  which 
prompted  their  action. 

This  document  was  the  Declaration  of  Independence.  It 
is  a  model  of  brevity  and  logical  reasoning,  and  embodies  in 
its  few  lines  the  results  of  profound  knowledge  of  the  science 
of  government.  If  thoroughly  analyzed  and  comprehended 
it  will  be  found  to  contain  a  complete  statement  of  the 
objects  for  which  governments  exist,  and  in  its  arraignment 
of  the  king  of  Great  Britain  there  is  a  protest  against  nearly 
every  form  of  governmental  abuse.  Its  statements  of  the 
principles  of  our  government  cannot  be  excelled  and  we 
cannot  too  often  recur  to  its  study,  for  in  it  we  find  litera- 
ture of  the  greatest  merit,  political  science  never  excelled 
and  governmental  philosophy  whose  soundness  cannot  be 
questioned. 

The  principles  which  are  maintained  by  our  government 


DISTINCTIVE   FEATURES  27 

are  the  e(juality  of  all  men  in  the  eyes  of  the  law,  the  right 
of  the  individual  to  life,  liberty  and  the  pursuit  of  happiness, 
the  consent  of  the  governed  as  the  foundation  of  all  govern- 
mental power  and  the  unquestioned  right  of  the  people  to 
alter  and  change  the  form  of  government  as  they  may  see  fit. 
There  are  some  who  profess  to  regard  these  doctrines  as 
old-fashioned,  antiquated  generalities,  but  these  cannot  be 
considered  intelligent  and  patriotic  citizens  of  the  republic. 
The  priftciples  embodied  in  the  Declaration  of  Independ- 
ence have  been,  and  still  are.  the  hope  of  humanity,  and  to 
insure  their  perpetuation  the  greatest  intelligence  and 
watchfulness  is  required  of  every  citizen. 


CHAPTER  IV. 
COLONIAL  GOVERNMENTS 

It  would  be  tedious  to  enumerate  in  detail  the  changes 
and  alterations  which  took  place  in  the  governmeht  of  the 
different  colonies  during  the  one  hundred  and  fifty  years. 
which  intervened  between  the  first  settlement  of  our  country 
and  the  Revolutionary  War.  Therefore  we  shall  consider 
only  the  forms  of  government  which  prevailed  in  the  colo- 
nies at  a  period  just  prior  to  the  Declaration  of  Independ- 
ence, because  the  governments  of  the  various  States  have 
been  the  direct  outgrowth  of  the  colonial  governments  as 
they  existed  at  that  period,  but  slight  changes,  compara- 
tively speaking,  being  needed  in  the  case  of  the  thirteen 
original  colonies  in  order  to  adapt  their  governments  to  the 
necessities  of  a  sovereign  state. 

The  colonies  had  no  written  constitutions,  in  the  sense 
in  which  the  term  has  been  heretofore  explained,  but  each 
of  them  had  fundamental  written  laws  which  took  the  place 
of  a  constitution.  These  laws  were  to  be  found  in  the 
charter  or  grant  of  power  from  the  King  of  England  to  the 
colony,  in  the  commission  of  the  governor  issued  to  him  by 
the  King,  and  in  the  various  instructions  from  the  British 
Crown  and  colonial  offices  to  the  ofificers  of  the  colony. 

The  Charter. —  In  the  history  of  the  government  of  the 
British  colonies  in  this  country,  the  charter  has  almost  as 
important  a  place  as  the  constitution  occupies  in  the  gov- 
ernment of  the  present  day.     A  charter  is  defined  as  a  grant 

(88) 


COLONIAL   GOVERNMENTS  29 

made  by  the  sovereign,  either  to  the  whole  people  or  to  a 
portion  of  them,  securing  to  them  the  enjoyment  of  certain 
poHtical  rights.  In  many  of  the  colonies  the  charter  was 
the  fundamental  law,  but  it  was  unlike  a  constitution,  be- 
cause a  constitution  is  a  fundamental  law  established  by  the 
people  themselves,  while  the  charter  emanated  from  the 
sovereign,  who  was  the  King  of  England. 

The  term  charter,  as  denoting  a  concession  or  grant  of 
political  rights  from  the  ruler,  came  into  use  during  the 
Middle  Ages,  when  all  governments  were  absolute  in  form. 
In  those  days  the  cities  of  Europe  were  the  centers  of  edu- 
cation, art  and  refinement,  and  in  many  cases  the  people 
made  such  progress  in  wealth  and  civilization  that  they  no 
longer  were  willing  to  submit  to  the  exactions  of  an  arbi- 
trary government,  and  sought  to  obtain  from  their  rulers 
moderate  political  privileges,  enabling  them  to  exercise  in 
some  degree  the  right  of  local  self-government. 

The  written  document  by  which  the  sovereign  granted 
political  rights  in  such  cases  as  these  was  called  a  charter. 
Sometimes  such  a  charter  was  obtained  only  after  a  long 
struggle  involving  war  and  bloodshed,  and  sometimes  it  was 
obtained  by  a  cash  payment  to  the  ruler,  and  sometimes, 
when  the  ruler  was  a  man  of  unusual  intelligence,  the  rights 
were  freely  granted  when  deserved,  the  only  consideration 
demanded  being  the  continued  loyalty  of  the  people. 

Magna  Charta. —  In  English  history,  for  many  years 
the  term  charter  was  understood  to  refer  to  one  document 
alone,  known  as  Magna  Charta,  or  The  Great  Charter.  This 
document,  which  has  almost  as  prominent  a  place  in  the 
political  history  of  the  United  States  as  in  that  of  England, 
was  a  grant  of  political  rights,  which  King  John  of  England 
was  compelled  to  give  to  his  people  on  the  15th  day  of  June 
in  the  year  121 5.     This  date  should  be  remembered,  for  on 


30  FEDERAL   GOVERNMENT 

Ihat  day  many  of  the  rights  which  are  now  secured  to  us 
by  our  own  laws  were  for  the  first  time  embodied  in  a 
permanent  written  form  for  the  benefit  of  the  people  then 
living  and  of  future  generations. 

Space  will  not  permit  us  to  tell  the  intensely  interesting 
story  of  the  long  struggle  between  King  John  and  his  peo- 
ple which  culminated  in  the  granting  of  this  famous  char- 
ter, nor  to  relate  the  abuses  which  it  corrected,  and  which, 
abandoned  for  so  many  years,  can  interest  us  now  only  as 
matters  of  curiosity  and  historical  study.  The  importance 
of  the  document  in  those  ancient  times  is  best  shown  by  the 
following  words  of  the  great  English  historian,  which  are 
just  as  significant  to  Americans  as  to  Englishmen : 

"Copies  of  it  were  made  and  sent  for  preservation  to  the 
cathedrals  and  churches,  and  one  copy  may  still  be  seen  in 
the  British  Museum,  injured  by  age  and  fire,  but  with  the 
royal  seal  still  hanging  from  the  brown,  shriveled  parch- 
ment. It  is  impossible  to  gaze  without  reverence  on  the 
earliest  monument  of  English  freedom,  which  we  can  see 
with  our  own  eyes  and  touch  with  our  own  hands,  the  Great 
Charter,  to  which,  from  age  to  age,  men  have  looked  back 
as  the  groundwork  of  English  liberty."* 

And  so,  following  the  course  of  English  history  from 
century  to  century,  we  find  that  as  often  as  the  burdens  of 
the  people  became  unbearable,  so  often  matters  came  to  a 
crisis,  and  little  by  little  the  rights  of  the  people  increased 
and  the  absolute  powers  of  the  kings  diminished  ;  but  we  are 
now  concerned  with  the  affairs  of  our  own  country  alone, 
and  these  allusions  to  English  political  history  are  made 
only  for  the  jnirpose  of  showing  the  long  and  steady  growtli 
and  development  of  the  cause  of  popular  government,  com- 
mencing with  the  meager  concessions  wrung  by  force  from 

•Green's  History  of  the  English  People. 


COLONIAL    GOVERNMENTS  31 

unwilling  monarchs  in  the  Middle  Ages  and  culminating  in 
the  magnificent  framework  of  our  own  government. 

Colonial  Grants. —  In  the  seventeenth  century,  for  the 
purpose  of  developing  the  natural  resources  of  the  North 
American  colonies  and  thereby  increasing  the  wealth,  power 
and  glory  of  his  own  kingdom,  the  King  of  Great  Britain 
granted  to  some  of  his  subjects  charters  authorizing  them 
to  fish,  hunt  and  trade,  to  make  settlements  and  occupy  land 
on  this  continent.  These  charters  granted  to  trading  com- 
panies were  the  first  fundamental  laws  which  existed  in  this 
land,  but  later  when  the  colonies  had  grown  in  population 
and  wealth  to  such  an  extent  that  other  governmental 
machinery  was  needed,  more  complete  charters  were 
granted  in  some  cases,  and  in  others  a  royal  governor  was 
appointed,  who  had  the  right  to  exercise  such  powers  of 
government  as  might  be  included  in  the  commission  of  the 
king  appointing  him. 

We  shall  not  attempt  to  study  all  of  the  different  forms 
of  government  which  existed  at  different  times  in  the 
colonies,  leaving  that  to  be  taken  up  in  connection  with  your 
historical  studies,  where  the  subject  properly  belongs ;  but 
we  should  know  something  of  these  governments  as  they 
existed  just  prior  to  the  Revolutionary  War,  in  order  to 
understand  how  dependent  colonies  were  transformed  into 
sovereign  states.* 

At  this  time  the  colonies,  so  far  as  their  form  of  govern- 
ment is  concerned,  may  be  divided  into  three  classes. 

I.  Royal  Colonies. — This  class  includes  the  colonies 
of  Virginia,  Georgia,  New  Hampshire,  New  York,  New 
Jersey,  North  Carolina  and  South  Carolina.  The  govern- 
ment of  these  colonies  was  controlled  almost  entirely  by 

*  An  excellent  account  of  the  colonial  governments  may  be  found  in  Mar- 
tin's Text  Book  of  Civil  Government. 


32  FEDERAL  GOVERNMENT 

England.  The  colony  had  no  written  constitution  preserv- 
ing and  protecting  the  rights  of  the  people,  but  the  funda- 
mental law  which  controlled  their  government  was  to  be 
found  in  the  instructions  given  their  governor  by  the  En- 
glish Crown.  They  had  a  governor  who  was  the  chief 
executive  officer,  and  a  council  appointed  by  the  King  to 
assist  him  in  performing  his  duties. 

The  governor  had  the  power  of  calling  a  legislative  as- 
sembly for  the  colony,  composed  of  representatives  of  the 
different  sections,  but  no  laws  could  be  framed  which  were 
in  any  way  repugnant  to  the  English  government.  The 
governor  also  had  a  control  over  the  acts  of  the  legislative 
assembly,  because  if  the  assembly  disregarded  his  wishes 
and  persisted  in  enacting  laws  which  did  not  meet  with  his 
approval,  he  could  veto  these  laws  and  dissolve  the  legisla- 
tive assembly  whenever  he  saw  lit.  With  the  advice  of  his 
council  he  could  appoint  judges,  create  courts  and  perform 
many  other  functions  of  an  absolute  ruler.  From  this  brief 
statement,  it  will  be  seen  that  the  government  in  the  colo- 
nies above  mentioned  had  few  of  the  distinguishing  charac- 
teristics of  a  government  by  the  people. 

2.  Charter  Colonies. — While  these  colonies  had  no 
written  constitution,  they  had  a  fundamental  law  which  was 
to  be  found  in  the  charter  or  grant  of  power  from  the  king. 
This  charter  was  in  effect  a  constitution,  because  it  gave  to 
the  people  of  the  colony  certain  rights  of  self-government. 
Any  attempt  on  the  part  of  the  English  government  to  annul 
these  charters,  or  in  any  way  to  modify  the  protection  which 
they  afforded  to  the  people,  always  caused  trouble,  and  to 
the  frequent  recurrence  of  these  attempts  may  be  traced  the 
causes  which  led  to  the  Revolutionary  War. 

The  charter  colonies  were  three  in  number — Massachu- 
setts, Rhode  Island  and  Connecticut.     Of  these  three,  the 


COLONIAL   GOVERNMENTS  33 

charters  of  Rhode  Island  and  Connecticut  were  most 
favorable  to  the  cause  of  popular  government  in  the  colo- 
nies. Rhode  Island  and  Connecticut  were  pure  republics 
and  both  branches  of  the  legislative  assembly  were  elected 
by  the  people.  In  fact,  so  satisfactory  were  the  charters  to 
the  people  of  these  two  colonies  that  the  charter  of  Con- 
necticut remained  as  its  only  constitution  until  the  year 
1818,  and  in  Rhode  Island  no  other  constitution  was 
adopted  until  the  year  1842. 

The  charter  of  Massachusetts  vested  the  executive  branch 
of  the  government  in  the  governor,  who  was  appointed  by 
the  English  government.  The  legislative  branch  consisted 
of  an  assembly  of  two  houses,  the  lower  house  being  com- 
posed of  representatives  chosen  by  the  people.  The  House 
of  Representatives,  or  the  lower  house  of  the  legislative 
assembly,  had  the  power  of  electing  the  upper  branch  of  the 
assembly,  which  was  known  as  the  Governor's  Council. 
Such  elections  were  subject,  however,  to  the  veto  of  the 
governor.  Thus,  while  the  colonial  government  of  Massa- 
chusetts was  much  more  liberal  and  democratic  than  the 
government  of  the  Royal  Provinces,  still  it  was  not  to  be 
compared  in  this  respect  with  the  charters  of  Rhode  Island 
and  Connecticut. 

3.  Proprietary  Colonies. —  These  colonies  were  three 
in  number — Pennsylvania,  Delaware  and  Maryland.  They 
were  called  proprietary  colonies  because  they  originated  in 
a  grant  of  land  from  the  King  of  Great  Britain  to  an  indi- 
vidual who  was,  by  the  terms  of  his  grant,  vested  with  the 
full  power  of  framing  and  exercising  a  form  of  government 
over  the  territory  under  his  jurisdiction.  In  these  colonies 
the  governor  was  appointed  by  the  proprietary  lord,  but  in 
some  cases  the  proprietary  himself  acted  as  the  governor. 

In  Maryland,  under  the  terms  of  the  grant  from  the  King 


34  FEDERAL  GOVERNMENT 

of  Great  Britain,  the  office  of  proprietary  was  hereditary  in 
the  Calvert  family.  The  government  in  this  and  other  pro- 
prietary colonies  was  not  unlike  that  of  a  limited  mon- 
archy. The  people  had  no  voice  in  the  appointment  of  a 
governor,  but  did  have  the  right  to  elect  a  legislative  assem- 
bly to  enact  the  laws  for  the  government  of  the  colony. 

Pennsylvania  and  Delaware  were  separate  colonies  and 
had  separate  legislative  assemblies,  but  they  originated  in 
the  grant  from  the  King  of  Great  Britain  to  William  Penn, 
who  was  the  proprietary  and  in  whose  descendants  the  pro- 
prietorship vested,  the  same  as  in  the  case  of  the  Calvert 
family  in  Maryland. 

The  Transition  from  the  colonial  forms  of  govermnent 
to  the  government  of  a  State  was  easy.  In  the  case  of  Con- 
necticut and  Rhode  Island,  no  change  was  necessary  until 
many  years  after  the  independence  of  the  United  States, 
when  the  altered  conditions  due  to  the  progress  of  tha 
people  in  the  nineteenth  century  made  the  former  govern- 
ment antiquated  and  unsuitable.  In  Massachusetts  only 
slight  changes  were  necessary,  such  as  providing  for  the 
election  of  a  governor  and  both  branches  of  the  legislative 
assembly  by  the  people  and  the  removal  of  the  name  of  the 
King  of  Great  Britain  from  all  legal  documents  and  substi- 
tuting, in  lieu  thereof,  the  name  of  the  People  of  the  State 
of  Massachusetts.  In  the  Royal  Provinces  the  changes 
were  more  numerous,  as  the  people  in  these  colonies,  by 
appropriate  legislation,  wiped  out  of  existence  all  vestiges 
of  royal  authority,  and  enacted  laws  giving  to  themselves 
such  rights  as  had  formerly  been  granted  by  the  King  of 
Great  Britain  to  the  people  of  Rhode  Island  and  Con- 
necticut. 

Political  Status  of  the  Colonies.— In  this  way  the 
State  governments  of  the   thirteen   original   States  were 


COLONIAL   GOVERNMENTS  35 

framed,  and  the  same  model  has  been  used  in  providing  a 
government  for  the  new  States  upon  their  admission  into 
the  Union.  Tlie  poHtical  status  of  the  colonies,  at  the  time 
of  the  Revolutionary  War  and  of  the  respective  States  of 
the  Union  after  the  federal  government  was  formed,  has 
been  the  subject  of  much  discussion  among  writers  upon 
historical  and  political  subjects.  This  subject  has  been  ad- 
mirably treated  by  Mr.  Justice  Story  in  so  brief  and  force- 
ful a  manner  that  we  cannot  do  better  than  adopt  his  words 
as  a  guide : 

"Though  the  colonies  had  a  common  origin  and  owed  a 
common  allegiance,  and  the  inhabitants  of  each  were  British 
subjects,  they  had  no  direct  political  connection  with  each 
other.  Each  was  independent  of  all  others ;  each,  in  a  lim- 
ited sense,  was  sovereign  within  its  own  territory.  There 
was  neither  alliance  nor  confederacy  between  them.  The 
assembly  of  one  province  could  not  make  laws  for  another, 
nor  confer  privileges  which  were  to  be  enjoyed  or  exercised 
in  another,  further  than  they  could  be  in  any  independent 
foreign  state.  As  colonies  they  were  also  excluded  from 
all  connections  with  foreign  states.  They  were  known  only 
as  dependencies ;  and  they  followed  the  fate  of  the  parent 
country,  both  in  peace  and  in  war,  without  having  assigned 
to  them,  in  the  intercourse  or  diplomacy  of  nations,  any  dis- 
tinct or  independent  existence.  They  did  not  possess  the 
power  of  forming  any  league  or  treaty  among  themselves 
which  should  acquire  an  obligatory  force  without  the  assent 
of  the  parent  state. 

**But,  although  the  colonies  were  independent  of  each  other 
in  respect  to  their  domestic  concerns,  they  were  not  wholly 
alien  to  each  other.  On  the  contrary,  they  were  fellow- 
subjects,  and  for  many  purposes  one  people.  Every  col- 
onist had  a  right  to  inhabit,  if  he  pleased,  in  any  other 


36  FEDERAL  GOVERNMENT 

colony ;  and,  as  a  British  subject,  he  was  capable  of  inherit- 
ing lands  by  descent  in  every  other  colony.  The  commercial 
mtercourse  of  the  colonies,  too,  was  regulated  by  the  gen- 
eral laws  of  the  British  Empire,  and  could  not  be  restrained 
or  obstructed  by  colonial  legislation."* 

Such  was  the  condition  of  the  colonies  in  the  year  1775. 
But  when  the  final  struggle  with  the  parent  country  com- 
menced, the  necessity  for  some  sort  of  union  among  the 
colonies  was  more  apparent  than  ever,  because  it  would 
have  been  impossible  for  thirteen  small  states  to  success- 
fully prosecute  a  war  against  the  most  powerful  nation  of 
Europe  without  combining  their  resources  and  presenting 
a  united  front  to  the  common  enemy.  For  this  purpose 
temporary  expedients  were  adopted,  probably  the  best  that 
could  have  been  devised  under  the  circumstances,  but,  as 
experience  proved,  wholly  insufficient  to  regulate  the  afifairs 
of  a  great  nation. 

Consequently,  during  the  period  from  1775  to  1789,  when 
the  present  constitution  was  adopted,  the  government  of  the 
United  States,  except  as  to  the  local  affairs  of  each  colony, 
was  unsettled  to  such  an  extent  that  many  statesmen  de- 
spaired of  ever  being  able  to  form  a  successful  national 
government. 

•Story's  Commentaries  on  the  Constitution. 


CHAPTER  V. 
FORMATION  OF  THE  AMERICAN  UNION. 

The  fifteen  years  which  intervened  between  the  meeting 
of  the  First  Continental  Congress,  in  1774,  and  the  begin- 
ning of  government  under  our  present  constitution,  were 
probably  the  most  critical  for  the  cause  of  popular  govern- 
ment that  have  ever  passed.  During  these  years,  the  coun- 
try's future  was  often  imperiled,  not  only  by  the  successes 
of  the  British  army,  in  the  earlier  stages  of  the  Revolution- 
ary War,  but  at  all  times  by  the  inefficiency  of  our  own 
central  government,  and  later,  after  our  arms  had  been  vic- 
torious and  the  power  of  England  had  been  banished  from 
our  shores,  by  the  petty  jealousy,  suspicion  and  rivalry 
which  prevailed  among  the  respective  colonies. 

Prior  to  the  year  1774  there  had  been  no  permanent  union 
of  the  colonies,  but  each  had  been  careful  to  preserve  its 
political  identity.  Such  attempts  as  had  been  made  toward 
efTecting  a  union  had  been  viewed  with  distrust  by  the  col- 
onists and  regarded  with  disfavor  by  England.  During  the 
seventeenth  century,  between  the  years  1643  ^^'^  1683,  there 
had  been  a  defensive  alliance  between  the  New  England 
colonies  for  the  purpose  of  protecting  their  settlements  from 
the  attacks  of  hostile  Indians,  but  this  union  did  not  con- 
template or  include  within  its  scope  any  plan  for  the  govern- 
ment of  all  the  colonies  by  a  central  authority. 

Albany  Convention. —  From  time  to  time  the  political 
thinkers  of  the  colonies  discussed  the  feasibility  of  union, 

(37) 


38  FEDERAL  GOVERNMENT 

and  in  1754  Benjamin  Franklin  and  others  were  instru- 
mental in  assembling  a  meeting  of  representatives  from 
many  of  the  colonies,  known  as  the  Albany  Convention.  At 
this  convention  a  scheme  for  the  union  of  the  colonies  was 
presented,  but  nothing  came  of  the  movement,  for  the  plan 
was  not  received  with  favor,  either  by  the  inhabitants  of  the 
colonies  or  by  the  English  government. 

Stamp  Act  Congress. — The  necessity  for  union  had 
not  yet  appeared,  and  it  needed  the  oppression  of  England 
to  arouse  in  the  colonists  the  spirit  of  independence.  The 
attempted  enforcement  of  the  Stamp  Act  aroused  such  in- 
dignation that,  in  1765,  delegates  from  eight  of  the  colonies 
met  and  protested  against  the  obnoxious  law.  This  assem- 
bly was  known  as  the  Stamp  Act  Congress.  It  had  no 
legislative  powers  and  did  not  attempt  to  exercise  any 
authority  over  the  colonies ;  but  by  its  meeting  the  people 
of  the  country  became,  to  some  extent,  imbued  with  the  idea 
of  uniting  for  the  purpose  of  resisting  the  aggressions  of  the 
English  government,  and  its  protest  was  effectual  in  causing 
the  repeal  of  the  Stamp  Act. 

Oppressive  Laws. — Notwithstanding  these  evidences 
of  the  temper  of  the  colonies  and  their  determination  to 
resist  all  laws  which  did  not  recognize  their  rights  as  British 
subjects  to  the  same  extent  as  if  they  had  been  actual  resi- 
dents of  England,  the  English  government  persisted  in 
enacting  legislation  having  for  its  object  the  imposition  of 
taxes  upon  the  colonists  and  restraining  them  from  pursu- 
ing a  free  and  untrammeled  course  in  their  commercial 
affairs. 

Among  these  laws  which  the  colonies  regarded  as  oppres- 
sive may  be  mentioned  the  Townshend  Acts,  three  in 
number,  one  requiring  the  legislature  of  New  York  to  pro- 


FORMATION   OF  THE  UNION  39 

vide  for  the  support  of  the  EngHsh  troops  quartered  in  that 
colony,  another  establishing  a  Commission  of  Customs  at 
Boston  to  enforce  the  collection  of  taxes  and  to  regulate 
trade,  and  another  placing  a  tax  on  glass,  paint,  paper,  tea 
and  other  articles. 

While  these  taxes  were  not  burdensome  in  amount,  nev- 
ertheless they  aroused  the  most  bitter  opposition  on  the 
part  of  the  colonists,  because  the  attempt  of  the  British 
government  to  levy  and  collect  them  violated  a  fundamental 
principle  of  representative  government,  the  colonies  believ- 
ing that  they  had  the  legal  right  to  resist  the  payment  of 
any  tax  which  was  not  levied  with  their  full  consent  and 
concurrence.  In  other  words,  the  colonists,  not  being  rep- 
resented in  the  English  Parliament,  contended  that  body 
had  no  right  to  impose  taxes  of  any  kind  upon  them ; 
hence  they  boldly  asserted  the  doctrine  fundamental  in  all 
popular  governments,  that  taxation  without  representation 
is  unlawful. 

First  Continental  Congress.— It  is  not  our  purpose 
to  write  a  history  of  these  troublous  times  between  1765 
and  1774,  and  therefore  we  shall  only  enumerate  certain 
laws  enacted  by  the  British  Parliament  which  the  colonists 
regarded  as  oppressive,  and  which  led  to  the  meeting  of  the 
First  Continental  Congress  in  the  month  of  September, 
1774,  and  shall  leave  the  story  of  these  transactions  to  be 
learned  in  connection  with  your  historical  studies  or  to  be 
the  subject  of  supplementary  reading. 

The  laws  to  which  reference  has  been  made  were  the 
Boston  Port  Bill,  virtually  closing  the  port  of  Boston  to 
commerce  ;  the  Transportation  Bill,  whereby  in  certain  cases 
persons  accused  of  murder  in  resisting  the  laws  might  be 
sent  to  England  for  trial ;  the  Massachusetts  Bill,  an  attempt 
on  the  part  of  England  to  modify  the  charter  of  Massachu- 


40  FEDERAL  GOVERNMENT 

setts ;  the  Quartering  Act,  providing  for  the  quartering  of 
British  soldiers  upon  the  people ;  and  the  Quebec  Act,  de- 
priving the  colonies  of  Massachusetts,  Connecticut  and  Vir- 
ginia of  the  vast  Northwestern  Territory  claimed  by  them 
between  the  great  lakes  and  the  Ohio  and  Mississippi  riv- 
ers, and  annexing  the  same  to  the  Province  of  Quebec. 

The  indignation  aroused  by  the  passage  and  attempted 
enforcement  of  these  laws  was  %}.ich  that,  under  the  lead  of 
Massachusetts  and  Virginia,  a  body  composed  of  delegates 
from  all  of  the  thirteen  colonies,  except  Georgia,  assembled 
in  Philadelphia  to  take  such  action  as  might  be  deemed 
necessary  to  obtain  a  redress  of  their  grievances.  This  as- 
sembly is  known  in  history  as  the  First  Continental  Con- 
gress. It  remained  in  session  in  Carpenter's  Hall  in  Phila- 
delphia from  September  5,  1774,  to  October  26,  1774. 

In  these  sessions  the  congress,  on  behalf  of  the  people  of 
the  colonies,  adopted  a  Bill  of  Rights*  and  formulated  ad- 
dresses to  the  people  of  the  colonies  and  to  the  king  and 
people  of  Great  Britain,  for  the  purpose,  as  it  was  hoped,  of 
bringing  about  a  better  understanding  between  the  parties 
to  the  controversy,  and  thus  avoiding  further  conflict.  It  is 
to  be  noticed  that  at  this  time  the  people  of  the  colonies  were 
still  loyal  to  England  and  had  no  thought  of  becoming  an 
independent  nation,  but  sought  only  to  obtain  what  they 
conceived  to  be  their  rights  as  Englishmen.  The  acts  of 
the  First  Continental  Congress  are  important  in  the  polit- 
ical history  of  our  country  because,  by  its  proceedings,  the 
sentiment  in  favor  of  union  between  the  colonies  was 
strengthened  and  developed,  and  at  that  time  general  laws 
were  first  enacted  commanding  the  respect  and  obedience 
of  the  entire  country,  and,  being  ratified  and  approved  by 

*For  an  explanation  of  this  term  see  page  103. 


FORMATION  OF  THE  UNION  41 

the  respective  colonies,  they  had  all  the  dignity  of  national 
laws. 

Second  Continental  Congress. —  The  Second  Conti- 
nental Congress  met  at  Philadelphia  in  May,  1775.  At  this 
time  the  battles  of  Lexington  and  Concord  had  taken  place 
and  the  authority  of  Congress  was  recognized  as  the  su- 
preme power  of  the  land.  Congress  at  once  assumed  man- 
agement of  the  continental  army,  raised  money  for  prose- 
cuting the  war  with  England,  and,  on  behalf  of  the  united 
colonies,  entered  into  negotiations  with  foreign  countries. 
The  exercise  of  such  powers  as  these  is  one  of  the  attributes 
of  sovereignty,  and,  with  the  creation  of  a  central  govern- 
ment representing  the  entire  country,  the  history  of  the 
American  Union  commences. 

The  Continental  Congress  has  been  called  a  revolution- 
ary body,  because  there  was  no  legal  authority  for  its  exist- 
ence. Its  organization  was  the  spontaneous  act  of  the 
people,  caused  by  the  pressing  necessity  for  some  central 
government.  It  assumed  to  act  with  an  authority  which  it 
did  not  really  possess,  because  no  powers  had  ever  been 
conferred  upon  it  expressly  by  the  people,  and  its  existence 
was  due  solely  to  the  necessity  of  meeting  the  crisis  occa- 
sioned by  the  war  with  England. 

The  most  of  its  acts  had  the  efi'ect  of  general  laws,  as  they 
met  with  the  consent  and  approval  of  the  people ;  otherwise 
Congress  would  have  been  powerless  to  enforce  its  own 
commands. 

Need  of  a  Central  Government.— Such  a  govern- 
ment as  this  could  not  be  otherwise  than  inefficient  and 
unsatisfactory,  and  with  the  Declaration  of  Independence, 
the  need  of  a  stronger  central  government  was  more  ap- 
parent than  ever,  for  then  the  united  colonies  assumed  a 


42  FEDERAL  GOVERNMENT 

place  among  the  sovereign,  independent  nations  of  the 
world  and  required  a  government  having  at  least  power  to 
enforce  the  obedience  of  its  own  citizens. 

The  problem  of  framing  such  a  government  was  difficult 
under  the  conditions  which  then  existed.  Community  of 
race  and  language,  similarity  of  political  institutions,  com- 
mon interest  and  common  dangers,  all  impelled  the  colonies 
toward  a  strong  federal  union,  but,  on  the  other  hand,  the 
spirit  of  distrust  and  jealousy,  the  fear  that  the  larger  colo- 
nies would  absorb  the  smaller  and  the  feeling  of  local  pride 
on  the  part  of  the  diflferent  colonies  tended  to  keep  them 
apart. 

Articles  of  Confederation. —  Accordingly,  in  the  year 
1777,  the  Articles  of  Confederation  were  prepared  and  sub- 
mitted to  the  people  of  the  colonies  for  approval.  This 
approval  was  necessary,  because  the  principle  that  the  pow- 
ers of  the  government  could  be  exercised  only  with  the 
consent  of  the  governed  had  been  enunciated  by  the  Dec- 
laration of  Independence.  The  object  of  the  Confederation 
was  stated  to  be  the  formation  of  a  "league  of  friendship" 
between  the  States  "for  their  common  defense  and  the 
security  of  their  liberties  and  their  mutual  and  general  wel- 
fare." The  Articles  of  Confederation  were  finally  adopted 
in  the  year  1781,  when  the  war  with  Great  Britain  had  prac- 
tically ceased ;  but  government  under  them  was  a  failure, 
because  their  plan,  while  contemplating  the  creation  of  a 
national  government,  still  did  not  deprive  the  states  of  their 
sovereign  powers  and  left  them  undisturbed  in  the  exercise 
of  powers  inconsistent  with  the  theory  of  a  strong  central 
government. 

For  example,  it  is  impossible  for  any  government  to 
exist  unless  it  has  the  power  of  raising  money  with  which 
to  meet  its  obligations.     This  must  be  done  by  taxation, 


FORMATION   OF  THE  UNION  43 

which  is  simply  a  method  of  taking  a  certain  amount  of 
the  private  property  of  citizens  and  applying  the  same  to 
the  payment  of  the  expenses  of  the  government  incurred  for 
the  common  good  of  all. 

Under  the  "league  of  fciendship"  the  expenses  of  gov- 
ernment were  to  be  paid  out  of  the  common  treasury, 
supplied  by  the  States  in  proportion  to  the  value  of  all 
land  within  each  State,  but  the  taxes  for  paying  that  pro- 
portion were  to  be  levied  by  the  legislatures  of  the  several 
States.  Consequently,  no  matter  how  seriously  Congress 
might  need  money,  it  could  obtain  none  unless  the  States 
carried  out  their  compact  and  levied  the  necessary  taxes, 
a  thing  which  they  generally  failed  to  do.  Hence,  at  the 
very  outset,  we  find  the  national  government  absolutely 
without  the  power  of  taxation,  probably  the  most  necessary 
and  fundamental  prerogative  for  any  government  to  possess. 

Another  of  the  inseparable  attributes  of  sovereignty  is 
the  power  to  make  treaties  with  foreign  nations  for  the  pur- 
pose of  regulating  trade  between  the  countries.  Under  the 
Articles  of  Confederation,  Congress  had  no  such  power,  and 
consequently  Spain  and  Great  Britain  refused  to  make  any 
commercial  treaties  with  the  new  government,  and,  in  ad- 
dition, did  all  they  could  to  hamper  the  commerce  of  the 
States  by  exacting  burdensome  taxes  upon  imported  goods 
and  by  other  restrictions  upon  trade.  This  condition  of 
things  im.posed  great  hardship  upon  the  people  of  this  coun- 
try, because  they  were  neither  able  to  purchase  abroad  many 
articles  of  necessity  not  manufactured  here,  nor  could  they 
dispose  of  their  own  agricultural  products,  which  consti- 
tuted their  chief  wealth. 

A  short  experience  with  the  scheme  of  government  fur- 
nished by  the  Articles  of  Confederation  served  to  show  that 
numerous  amendments  were  required  to  promote  the  efifi- 


44  FEDERAL  GOVERNMENT 

ciency  of  the  government,  and  that  without  such  amend- 
ments the  union  of  the  ^States,  instead  of  being  perpetual, 
as  the  Articles  had  planned,  was  in  constant  danger  of  com- 
plete disruption.  When  this  conclusion  was  reached  an- 
other glaring  defect  was  found,  in  that  it  was  provided  by 
these  Articles  that  no  amendment  could  be  made  unless 
agreed  to  in  a  congress  and  afterward  confirmed  by  the 
legislatures  of  all  the  States,  thus  rendering  it  extremely 
difficult,  if  not  in  many  cases  absolutely  impossible,  to  se- 
cure any  alteration  in  the  governmental  system. 

The  Critical  Period.— Many  other  defects  in  the 
Articles  of  Confederation  might  be  mentioned,  but  these 
few  will  serve  to  show  how  imperfect  was  the  system. 
After  the  close  of  the  Revolutionary  War,  and  from  1781 
to  1789,  the  condition  of  the  country  was  deplorable.  This 
has  been  called  "the  critical  period  of  American  history," 
because  then  the  chances  for  the  success  of  popular  gov- 
ernment in  this  country  were  about  evenly  balanced.  It 
was,  indeed,  "a  time  that  tried  men's  souls,"  as  had  been 
said  of  the  Revolutionary  period. 

The  close  of  the  war  had  left  the  country  burdened  with 
a  large  debt,  on  which  Congress  could  not  pay  the  interest, 
because  it  had  no  money  and  no  means  of  getting  any. 
States  often  refused  to  pay  their  due  proportion  into  the 
public  treasury.  Open  rebellion  existed  in  some  parts  of 
the  country  and  Congress  was  powerless  to  enforce  order. 
No  gold  was  in  circulation  and  paper  money  had  been 
issued  by  the  States  and  by  Congress  to  such  an  extent  as 
to  depreciate  its  value  and  render  it  worthless.  Commerce 
was  at  a  standstill  and  the  entire  country  was  bankrupt. 
Thoughtful  people  feared  a  state  of  anarchy  would  soon 
prevail  and  the  disruption  of  the  F'ederal  Union  would  fol- 
low, some  even  believing  that  England  would  again  conquer 


FORMATION   OF  THE  UNION  45 

the  country,  for  the  king's  troops  were  still  quartered  in  the 
military  posts  along  the  northern  frontier.* 

The  Constitutional  Convention.  —  Under  such  cir- 
cumstances as  these  the  necessity  for  a  stronger  central 
government  became  imperative,  but  the  result  was  not 
easy  to  accomplish.  More  than  one  attempt  was  made 
and  failed,  but  finally  a  convention  composed  of  delegates 
from  all  of  the  colonies,  except  Rhode  Island,  was  assem- 
bled in  Philadelphia  on  the  14th  day  of  May,  1787.  This 
convention  continued  in  session  for  four  months,  and  as 
the  result  of  its  labors  the  present  Constitution  of  the 
United  States  was  framed  and  presented  to  the  people  for 
approval. 

But  little  is  known  as  to  the  debates,  which  occurred  dur- 
ing the  meetings  of  this  convention,  for  the  only  record  of 
its  proceedings  which  has  been  preserved  for  our  study 
consists  of  the  notes  taken  by  James  Madison  and  others, 
who  were  in  attendance  as  delegates.  These  notes  were 
very  full  and  make  most  interesting  reading,  because  they 
show  the  range  of  subjects  under  consideration  and  the 
names  of  those  who  were  in  attendance  and  participated  in 
the  discussions. 

From  these  records  we  learn  that  the  proceedings  were 
reasonably  unanimous  and  free  from  violent  discussion, 
except  upon  three  questions,  the  most  important  of  which 
was  the  manner  in  which  the  different  States  should  be 
lepresented  in  the  Federal  Congress.  And  here  we  again 
have  occasion  to  notice  distrust  and  suspicion  on  the  part 
of  the  smaller  toward  the  larger  States.  The  representa- 
tives from  the  smaller  States  insisted  that,  inasmuch  as  the 
convention  was  forming  a  union  of  sovereign  States,  each 
of  the  States  should  have  an  equal  representation  in  Con- 

*See  Critical  Period  of  American  History,  by  John  Fiske. 


46  FEDERAL  GOVERNMENT 

gress,  while  on  behalf  of  the  larger  States  it  was  urged  that 
the  number  of  representatives  from  each  State  should  be 
based  upon  its  population. 

This  dispute  was  compromised  by  giving  to  each  of  the 
States  an  equal  representation  in  the  Senate,  and  providing 
that  in  the  House  of  Representatives  the  number  of  mem- 
bers from  each  State  should  be  determined  by  the  popula- 
tion. The  two  remaining  questions  which  provoked  serious 
discussion  were  whether  or  not  the  slave  trade  should  be 
permitted  to  continue,  and  how  slaves  should  be  counted  in 
estimating  the  population  of  a  state  as  a  basis  for  determin- 
ing the  number  of  members  to  which  it  should  be  entitled 
in  the  House  of  Representatives.  These  questions  were  of 
immense  importance  at  that  time,  but  owing  to  the  com- 
plete abolition  of  slavery  in  this  country,  they  are  now  inter- 
esting to  us  only  as  matters  of  history. 

This  convention  was  one  of  the  most  remarkable  bodies 
that  ever  met,  both  on  account  of  the  momentous  work 
accomplished  by  it,  and  by  reason  of  the  personnel  of 
its  members,  among  whom  may  be  mentioned  Washing- 
ton, Randolph  and  Madison  from  Virginia ;  Alexander 
Hamilton  from  New  York ;  Benjamin  Franklin  and  the  two 
Morrises  from  Pennsylvania ;  John  Rutledge  and  the  two 
Pinckneys  from  South  Carolina ;  Roger  Sherman  from 
Connecticut — and  many  others,  all  constituting  an  assem- 
blage of  political  thinkers  whose  sagacity  has  never  been 
surpassed. 

On  September  17,  1787,  the  convention  completed  its 
labors,  and,  after  the  members  had  signed  the  new  consti- 
tution, "it  dissolved  itself  by  an  adjournment  .ymc  die." 
The  journal  kept  by  Mr.  Madison  gives  some  hint  of  the 
impressiveness  of  the  occasion  by  concluding  with  the  fol- 
lowing narrative : 


FORMATION   OF  THE   UNION  47 

"Whilst  the  last  members  were  signing,  Doctor  Frank- 
lin, looking  toward  the  President's  chair,  at  the  back  of 
which  a  rising  sun  happened  to  be  painted,  observed  to  a 
few  members  near  him  that  painters  had  found  it  difficult 
to  distinguish,  in  their  art,  a  rising  from  a  setting  sun.  'I 
have,'  said  he,  'often  and  often,  in  the  course  of  the  session, 
and  the  vicissitudes  of  my  hopes  and  fears  as  to  its  issue, 
looked  at  that  behind  the  President,  without  being  able  to 
tell  whether  it  was  rising  or  setting ;  but  now,  at  length,  I 
have  the  happiness  to  know  that  it  is  a  rising  and  not  a 
setting  sun.'  " 

The  happy  prognostication  of  the  venerable  philosopher 
and  patriot  has  proved  to  be  true,  for,  after  more  than  a 
century  of  trial,  under  varying  conditions  and  unforeseen 
dangers,  the  American  Constitution  has  come  to  be  re- 
garded as  a  masterpiece  of  political  wisdom,  not  only  by 
those  who  directly  enjoy  its  benefits,  but  by  students  of 
political  institutions  throughout  the  world.  Encomiums 
without  number  have  been  lavished  upon  it,  but  none  is 
more  forcible  and  sincere  than  the  words  of  the  English 
statesman,  Mr.  Gladstone,  who  says : 

"As  far  as  I  can  see,  the  American  Constitution  is  the 
most  wonderful  work  ever  struck  oflF  at  one  time  by  the 
brain  and  purpose  of  man." 

Equally  significant  are  the  following  words  of  Mr. 
Froude,  the  great  English  historian : 

"The  problem  of  how  to  combine  a  number  of  self-gov- 
erned communities  into  a  single  commonwealth,  which 
now  lies  before  Englishmen  who  desire  to  see  a  federation 
of  the  Empire,  has  been  solved,  and  solved  completely,  in 
the  American  Union.  The  bond  which,  at  the  Declaration 
of  Independence,  was  looser  than  that  which  now  connects 
Australia  and  England,  became  strengthened  by  time  and 


48  FEDERAL   GOVERNMENT 

custom.  The  attempt  to  break  it  was  successfully  resisted 
by  the  sword,  and  the  American  Republic  is,  and  is  to  con- 
tinue, so  far  as  reasonable  foresight  can  anticipate,  one 
and  henceforth  indissoluble." 

These  are  the  words  of  disinterested  critics  and  there- 
fore cannot  be  attributed  to  patriotic  enthusiasm. 

The  constitution  was  finally  ratified  by  the  requisite 
number  of  States  in  June,  1788,  and  since  that  time  it  has 
been  the  supreme  law  of  the  land. 


CHAPTER  VI. 
OUTLINE  OF  THE  FEDERAL  GOVERNMENT 

The  preamble  of  the  constitution  states,  within  its  few 
lines,  that  it  is  the  act  of  the  people  of  the  United  States  in 
whom  the  sovereign  power  is  vested,  and  also  shows,  in 
remarkably  small  compass,  the  legitimate  objects  for  which 
governments  exist.* 

The  best  government  is  that  which  secures  such  objects 
as  are  mentioned  in  the  preamble  with  the  least  sacrifice  of 
personal  rights  on  behalf  of  the  citizens,  and  the  least  inter- 
ference with  local  affairs  on  the  part  of  the  general  gov- 
ernment. 

In  commencing  our  study  of  the  Constitution,  we  notice 
the  division  of  the  government  into  three  branches — legis- 
lative, executive  and  judicial — and  observe  that  the  scope 
of  each  of  these  departments  is  strictly  defined,  so  that 
there  may  be  no  dispute  between  the  different  branches  as 
to  the  duties  with  which  each  is  charged  by  the  constitu- 
tion. 

The  legislative  powers  of  the  government  are  vested  in 
a  Congress  of  the  United  States,  consisting  of  a  Senate 
and  House  of  Representatives,  the  Senate  being  desig- 
nated sometimes  as  the  upper  house  and  the  House  of 
Representatives  as  the  lower  house  of  Congress.  Con- 
gress nuist  assemble  at  least  once  in  each  year,  and  the 

•for  text  of  preamble,  see  Appendix  A. 

(49) 


50  FEDERAL   GOVERNMENT 

session  commences  on  the  first  Monday  in  December  at 
the  City  of  Washington. 

House  of  Representatives.— The  House  of  Repre- 
sentatives is  composed  of  members  chosen  every  second 
vear  by  the  people  of  the  different  vStates.  To  be  eligible  for 
the  office  of  representative  in  Congress  a  person  must  be  at 
least  tv^enty-five  years  of  age  and  have  been  for  seven  years 
a  citizen  of  the  United  States,  and  must  be  an  inhabitant  of 
the  State  from  which  he  is  chosen.  The  number  of  repre- 
sentatives to  which  any  particular  State  is  entitled  depends 
upon  the  population  of  the  State,  the  only  persons  excluded 
in  determining  the  number  of  representatives  at  this  time 
being  Indians. 

At  the  time  of  the  adoption  of  the  Constitution  each  State 
was  allowed  one  representative  for  every  30,000  of  popula- 
tion, but  every  State  having  a  population  of  less  than  30,- 
000  was  entitled  to  one  representative.  At  the  present  time 
the  ratio  of  representation  is  determined  by  the  census  of 
1890,  and  each  State  is  allowed  one  representative  for  ap- 
proximately every  175,000  of  inhabitants.  The  Constitu- 
tion makes  no  provision  for  the  appointment  of  any  officers 
of  the  House  of  Representatives  except  the  presiding  of- 
ficer, who  is  called  the  Speaker,  and  who  must  be  a  member 
of  the  House.  Other  officers,  such  as  the  Clerk,  Sergeant 
at  Arms  and  Chaplain,  are  not  members  of  the  House. 

Senate.  —  The  Senate  of  the  United  States  is  composed 
of  two  Senators  from  each  State,  chosen  by  the  State  Leg- 
islature for  a  term  of  six  years.  The  members  of  the  first 
Senate  were  divided  into  three  classes,  holding  their  offices 
respectively  for  terms  of  two,  four  and  six  years,  so  that 
the  term  of  office  of  one-third  of  the  Senators  expires  every 
second  year,  and  it  consequently  never  happens  that  the 
Senate  is  composed  entirely  of  new  members.    In  case  the 


THE   FEDERAL   GOVERNMENT  51 

office  of  Senator  from  any  State  becomes  vacant  while 
the  legislature  of  the  State  is  not  in  session,  the  governor 
has  power  to  make  a  temporary  appointment  until  the  leg- 
islature meets.  It  has  generally  been  held  that  the  gov- 
ernor does  not  have  power  to  make  a  temporary  appoint- 
ment in  case  of  vacancies  occasioned  by  a  failure  of  the 
legislature  to  elect,  although  in  recent  years  several  such 
appointments  have  been  attempted  to  be  made. 

The  qualifications  of  a  Senator  are  that  he  must  be  at 
least  thirty  years  of  age  and  must  have  been  a  citizen  of  the 
United  States  for  nine  years,  and  must  be  an  inhabitant  of 
the  State  from  which  he  is  chosen.  The  Vice-President  of 
the  United  States  is  the  presiding  officer  of  the  Senate,  but 
he  has  no  vote  unless  the  Senate  is  equally  divided.  All 
other  officers  of  the  Senate  are  chosen  by  the  Senators,  and 
among  them  is  a  president  pro  tempore,  who  presides  in  the 
absence  of  the  Vice-President  and  performs  all  of  the  duties 
of  the  Vice-President  in  case  the  Vice-President  is  required 
to  exercise  the  duties  of  the  President,  as  was  the  case 
when  Chester  A.  Arthur  became  President  of  the  United 
States  by  reason  of  the  death  of  President  Garfield. 

Executive  Department. — The  executive  power  of  the 
government  is  vested  in  the  President,  who  holds  his  office 
for  four  years.  No  person  can  be  President  of  the  United 
States  except  a  natural-born  citizen  who  has  attained  the  age 
of  thirty-five  years  and  who  has  been  for  fourteen  years  a 
resident  within  the  United  States.  In  case  of  the  removal  of 
the  President  from  office  or  of  his  death,  resignation  or  in- 
ability to  act,  all  of  the  duties  of  the  office  devolve  upon 
the  Vice-President,  and  Congress  has  power  to  provide  by 
law  who  shall  act  in  case  of  the  death,  resignation  or  dis- 
ability of  both  President  and  Vice-President.  In  such  case 
an  Act  of  Congress,  passed  in  the  year  1886,  has  determined 


52  FEDERAL   GOVERNMENT 

that  the  presidential  office  shall  devolve  upon  the  officers 
composing  the  President's  cabinet,  in  the  following  order : 
Secretary  of  State,  Secretary  of  the  Treasury,  Secretary  of 
War,  Attorney-General,  Postmaster-General,  Secretary  of 
the  Navy,  Secretary  of  the  Interior. 

Method  of  Electing  the  President. — The  method  of 
electing  a  President  and  Vice-President  is  a  peculiar  one, 
which  was  devised  by  the  framers  of  the  Constitution  to 
avoid  submitting  to  a  popular  vote  the  election  of  these 
important  officers,  they  deeming  it  unsafe  to  leave  to  the 
excitement  of  a  political  campaign  the  question  of  deter- 
mining who  shall  occupy  these  positions.  Accordingly 
they  devised  a  scheme  known  as  the  Electoral  College,  un- 
der which  each  State  chooses  a  number  t)f  electors  equal  to 
the  number  of  Senators  and  Representatives  to  which  the 
State  is  entitled  in  Congress. 

These  electors  are  chosen  by  popular  vote,  and  shortly 
after  their  election  they  are  required  to  meet  in  their  re- 
spective States  and  vote  by  ballot  for  President  and  Vice- 
President,  one  of  whom  at  least  shall  not  be  an  inhabitant 
of  the  same  State  with  themselves,  naming  in  their  ballots 
the  person  voted  for  as  President  and  in  distinct  ballots 
the  person  voted  for  as  Vice-President.  After  they  have 
voted,  three  lists  are  made  of  all  persons  voted  for  as  Pres- 
ident and  Vice-President,  with  the  number  of  votes  for 
each.  These  lists  are  signed  and  certified  by  the  electors 
and  sent  to  the  Capitol  of  the  United  States  at  Washing- 
ton, directed  to  the  President  of  the  Senate. 

The  method  of  transmitting  these  certified  lists  to  the 
President  of  the  Senate  is  interesting.  One  copy  is  deliv- 
ered to  him  at  Washington  by  a  special  messenger  before 
the  first  Wednesday  in  January  succeeding  the  election ; 
another  is  sent  to  him  by  mail ;  and  the  thjrd  is  committed 


THE   FEDERAL   GOVERNMENT  53 

to  the  custody  of  the  judge  of  the  district,  to  be  delivered 
by  him  to  the  Secretary  of  State,  in  case  neither  of  the  other 
certificates  has  been  received  by  the  proper  officer  at  Wash- 
ington before  the  first  Wednesday  in  January. 

Counting  the  Vote. — The  President  of  the  Senate  is 
required  to  open  the  certificates  in  the  presence  of  the  Sen 
ate  and  House  of  Representatives  and  count  the  votes.  The 
person  having  the  greatest  number  of  votes  for  President 
is  elected,  provided  such  a  number  be  a  majority  of  the 
vviiole  number  of  electors.  If  no  person  has  such  a  majority, 
then  from  the  persons  having  the  highest  number  of  votes, 
not  exceeding  three,  on  the  list  of  those  voted  for  as  Pres- 
ident, the  House  of  Representatives  shall  choose  by  ballot 
the  President,  but  in  voting  for  President  the  House  votes 
by  States,  each  State  being  entitled  to  one  vote. 

In  a  similar  manner  the  person  having  the  greatest  num- 
ber of  votes  as  Vice-President  shall  be  the  Vice-President, 
if  such  number  be  a  majority  of  the  whole  number  of  elec- 
tors, and  if  no  person  has  a  majority  then  the  Vice-Pres- 
ident is  chosen  by  the  Senate  from  the  two  highest  numbers 
on  the  list.  No  person  can  be  elected  to  the  office  of  Vice- 
President  unless  he  has  all  the  qualifications  necessary  to 
make  him  eligible  for  the  office  of  President. 

Judicial  Department. — The  judicial  department  of  the 
United  States  is  vested  in  one  Supreme  Court  and  in  such 
inferior  courts  as  Congress  from  time  to  time  shall  estab- 
lish. All  of  the  judges  of  these  courts  hold'  their  offices 
during  good  behavior,  consequently  an  appointment  to  an 
office  of  this  kind  is  highly  prized,  for  it  is  practically  an 
office  for  life.  The  jurisdiction  of  the  United  States  courts 
extends  to  two  classes  of  cases,  one  class  being  dependent 
upon  the  laws  applicable  to  the  case,  and  the  other  class 
being  dependent  upon  the  character  of  the  persons  engaged 


54  FEDERAL  GOVERNMENT 

in  the  litigation.  Among  the  first  class  of  cases  are  those 
arising  under  the  Constitution  of  the  United  States,  the 
laws  of  Congress  and  the  treaties  between  the  United  States 
and  foreign  governments,  and  under  the  second  class  are 
included  cases  affecting  ambassadors  and  other  public  min- 
isters and  consuls  and  the  controversies  in  which  the  United 
States  or  any  of  the  States  shall  be  a  party,  and  between 
citizens  of  the  different  States  or  of  foreign  States. 

Treason. —  In  connection  with  the  judicial  department 
it  is  proper  to  note  the  only  crime  against  the  United  States 
which  is  defined  by  the  Constitution — viz  :  the  crime  of  trea- 
son, which  consists  solely  in  levying  war  against  the  United 
States  or  in  adhering  to  its  enemies,  giving  them  aid  and 
comfort.  In  former  times  treason  has  had  a  much  wider 
definition,  and  history  is  filled  with  accounts  of  persons  who 
have  been  condemned  to  death  or  to  severe  penalties  for 
committing  comparatively  small  offenses,  because  these  of- 
fenses happened  to  be  within  a  category  of  crimes  any  one 
of  which  constituted  treason.  For  this  reason  the  framers 
of  the  Constitution  no  doubt  thought  it  necessary  for  the 
protection  of  future  generations  that  the  meaning  of  the 
word  treason  should  be  definitely  established. 

This,  in  brief,  is  an  outline  of  the  framework  of  the  gov- 
ernment of  the  United  States,  and  its  simplicity  is  probably 
its  most  notable  feature.  In  subsequent  chapters  we  shall 
show  in  detail  the  powers  and  duties  of  each  of  the  depart- 
ments of  thfe  government,  and,  as  we  proceed,  the  wisdom 
of  the  framers  of  the  Constitution  will  become  more  and 
more  apparent,  in  devising  a  scheme  of  government  based 
upon  the  requirements  of  a  nation  having  a  few  millions 
of  inhabitants,  but  which  has  been  found  sufficient  to  meet 
all  the  requirements  for  so  many  years,  with  all  the  changes 


THE    FEDERAL   GOVERNMENT  55 

resulting  from  an  enormous  increase  in  population  and  the 
difference  in  conditions  existing  between  life  at  the  present 
day  and  that  of  lOO  years  ago. 


Note:  In  connection  with  the  study  of  this  chapter  frequent  reference 
should  be  had  to  the  text  of  the  Constitution,  which  will  be  found  In  Ap- 
pendix A. 


CHAPTER  VII. 
THE  POWERS  OF  CONGRESS. 

The  powers  of  Congress  are  so  numerous  and  important 
as  to  require  special  attention  and  explanation,  otherwise 
the  few  brief  paragraphs  in  the  Constitution  containing  the 
grant  of  these  powers  will  not  be  fully  understood,  and  the 
student  will  fail  to  obtain  a  full  comprehension  of  the  wide 
range  of  subjects  upon  which  Congress  is  authorized  to 
legislate. 

Taxation. —  The  power  of  levying  taxes  is  one  of  the  in- 
dispensable attributes  of  sovereignty,  because  no  govern- 
ment can  exist  unless  it  is  able  to  raise  the  necessary  funds 
for  its  support.  Probably  from  these  considerations  the 
first  power  granted  to  Congress  by  the  Constitution  was 
the  power  to  lay  and  collect  taxes,  duties,  imposts  and  ex- 
cises, subject  to  the  single  condition  that  they  shall  be  uni- 
form throughout  the  United  States.  All  of  the  laws  en- 
acted by  Congress  upon  the  subject  of  taxation  are  based 
upon  the  authority  conferred  by  these  few  words. 

Duties  and  Excises. — A  tax  may  be  defined  as  that 
portion  of  his  property  which  each  citizen  is  obliged  to 
contribute  for  the  support  of  the  government.  Duties, 
imposts  and  excises  are  different  kinds  of  taxes,  each  word 
having  a  distinct  meaning  indicating  the  nature  of  the  tax 
designated  by  it.  Duties  are  taxes  imposed  by  the  gov- 
ernment upon  the  importation  and  sometimes  upon  the  ex- 
portation of  merchandise.       An  impost  is  another  term 

(56) 


THE   POWERS   OF   CONGRESS  57 

used  to  designate  a  tax  on  imported  goods,  having  prac- 
tically the  same  signification  as  the  word  duty.  Excises 
are  also  called  internal  revenue  taxes  and  are  laid  upon  a 
few  articles  produced,  manufactured  or  sold  in  this  country, 
principally  tobacco,  cigars  and  distilled  liquors. 

In  times  of  peace  all  of  the  revenues  of  the  United  States 
government  are  derived  from  duties  and  excises,  but  in 
times  of  war,  when  the  government  is  under  increased  ex- 
pense, a  great  variety  of  additional  internal  revenue  taxes 
is  imposed  in  order  to  pay  for  the  cost  of  supporting  the 
army  and  navy  and  carrying  on  military  and  naval  opera- 
tions, often  costing  several  millions  of  dollars  each  day. 

Tariff. —  Duties  are  collected  by  government  collectors, 
who  are  stationed  at  all  of  the  important  seaports  and  bor- 
der towns,  who  inspect  all  merchandise  brought  into  the 
country,  determine  the  amount  of  tax  upon  each  article 
and  see  that  the  tax  is  paid  before  the  articles  are  delivered 
to  their  respective  owners.  A  list  of  the  articles  upon 
which  a  duty  is  charged,  together  with  the  rate  of  duty 
upon  each  of  such  articles,  is  called  a  tariff,  and  the  govern- 
ment office  where  the  business  incident  to  the  collection  of 
duties  is  transacted  is  called  a  custom  house. 

Indirect  Taxes. —  Taxes  of  this  kind  are  called  indirect 
taxes,  because  they  are  finally  paid  by  the  person  who  pur- 
chases the  imported  goods  for  his  own  use.  For  instance, 
a  merchant  in  the  United  States  purchases  silk  ribbon  in 
France  at  the  rate  of  twenty-five  cents  per  yard.  Upon  its 
arrival  in  this  country  he  is  obliged  to  pay  a  duty  at  the  rate 
of  fifty  per  cent  of  its  cost.  A  few  weeks  later  he  sells  the 
ribbon  over  the  counters  of  his  retail  store  for  a  price  suffi- 
cient to  pay  the  original  cost,  together  with  the  duty  which 
he  has  paid,  the  cost  of  transportation  and  a  reasonable 
profit  for  his  labor  and  trouble.     Thus,  a  lady  who  buys 


58  FEDERAL  GOVERNMENT 

this  ribbon  to  furnish  decorations  for  her  hat  or  dress  indi- 
rectly pays  the  tax  to  the  government. 

Direct  Taxes.— Direct  taxes  are  those  which  are  im- 
posed upon  specific  kinds  of  property,  such  as  land,  houses, 
pianos,  watches,  jewelry,  carriages  or  sewing  machines.  A 
poll  tax  is  also  a  direct  tax.  The  United  States  government 
levies  no  direct  taxes  whatever,  but  leaves  that  form  of 
taxation  to  be  employed  by  the  States. 

Borrowing  Money. — Closely  connected  with  the  power 
of  raising  money  by  taxation  is  the  power  to  borrow 
money  on  the  credit  of  the  United  States  to  meet  the  ex- 
penses of  the  government.  It  is  seldom  necessary  for  Con- 
gress to  avail  itself  of  this  power  in  times  of  peace,  be- 
cause, under  ordinary  circumstances,  a  well-devised  system 
of  taxation  will  provide  suflficient  revenue  to  carry  on  the 
government ;  but  when  war  occurs  or  for  other  reasons  the 
government  is  put  to  extraordinary  expenses,  then  Con- 
gress has  the  power  to  raise  funds  by  borrowing.  In  such  a 
contingency  Congress  enacts  a  law  determining  the  amount 
of  money  to  be  borrowed,  the  nature  of  the  securities,  usu- 
ally bonds,  to  be  given  to  the  lenders,  the  rate  of  interest  to 
be  paid  and  the  time  and  place  for  the  payment  of  the  prin- 
cipal and  interest.  When  this  has  been  done  the  securities 
are  placed  in  the  hands  of  the  Secretary  of  the  Treasury, 
who  delivers  them  to  the  persons  lending  the  money  to  the 
government.  The  credit  of  the  United  States  government 
is  so  good  that  it  never  has  arny  difficulty  in  borrowing 
enormous  sums  of  money  at  a  low  rate  of  interest. 

Regulating  Commerce. — The  power  to  regulate  com- 
merce with  foreign  nations,  which  is  conferred  upon  Con- 
gress, is  the  source  of  a  large  number  of  laws  enacted  for 
the  purpose  of  protecting  American  ships  and  controlling 
the  conduct  of  sailors  on  board  them,  as  well  as  caring 


THE   POWERS   OF   CONGRESS  59 

for  American  commercial  interests  in  foreign  lands.  To 
protect  the  commercial  interests  of  our  citizens  in  other 
countries,  the  government  has  agents  called  consuls  sta- 
tioned at  all  important  foreign  ports,  who  perform  all  acts 
necessary  to  prevent  fraud  or  injustice  in  the  treatment  of 
citizens  of  the  United  States.  Under  the  same  grant  of 
power  Congress  has  made  provision  for  establishing  light- 
houses, improving  harbors,  inspecting  vessels,  and  has 
made  many  rules,  such  as  those  relating  to  quarantine  and 
the  employment  of  competent  pilots,  all  of  which  are  de- 
signed for  the  protection  of  our  citizens  and  merchants. 

Inter-State  Commerce.  —  Under  the  same  clause  of 
the  Constitution,  Congress  is  given  power  to  regulate  com- 
merce between  the  States,  and  in  1887  it  exercised  this 
power  by  passing  a  law,  called  the  Inter-State  Commerce 
Act,  to  afford  relief  from  many  of  the  abuses  then  prev- 
alent in  connection  with  the  management  of  the  railroad 
systems  of  this  country.  By  this  law  railroads  are  for- 
bidden to  discriminate  between  persons  by  giving  a  lower 
freight  rate  to  one  shipper  than  to  another,  or  to  favor 
any  particular  city  or  locality  by  giving  to  it  more  advan- 
tageous freight  rates  than  to  another. 

They  are  also  prevented  from  entering  into  combina- 
tions tending  to  destroy  competition  by  keeping  up  the 
price  of  passenger  transportation  and  freight  charges,  and 
it  is  made  unlawful  for  them  to  attempt  to  influence  public 
officers  by  giving  them  free  passes.  To  provide  for  the 
enforcement  of  this  law  Congress  created  the  Inter-State 
Commerce  Commission,  which  is  composed  of  five  mem- 
bers, appointed  by  the  President  and  called  Commission- 
ers. This  commission  hears  and  determines  all  questions 
arising  under  the  Inter- State  Commerce  Law,  and  is  rap- 
idly becoming  one  of  the  most  important  tribunals  in  the 


60  FEDERAL  GOVERNMENT 

whole  country,  owing  to  the  number  and  magnitude  of  the 
matters  coming  before  it  for  adjudication. 

Coining  Money. —  The  next  power  of  Congress  which 
we  shall  notice  is  one  with  which  the  commercial  interests 
of  the  country  are  deeply  concerned — namely,  the  power  to 
coin  money  and  regulate  the  value  thereof.  No  business 
of  any  kind  can  be  transacted  without  money,  which  is  a 
medium  enabling  a  citizen  to  exchange  one  commodity  for 
another.  In  civilized  communities  no  one  person  produces 
everything  which  he  needs  for  his  own  use,  but  devotes 
his  energies  to  the  production  of  a  few  articles  only.  The 
farmer  raises  more  corn  and  potatoes  than  he  can  use,  and 
the  surplus  he  exchanges  for  clothing  for  himself  and  fam- 
ily and  for  other  articles  which  he  cannot  produce  on  his 
farm.  As  it  is  not  easy  to  find  a  person  who  has  a  stock  of 
clothing  which  he  wishes  to  exchange  for  corn  or  potatoes, 
the  farmer  accomplishes  his  purpose  by  selling  his  prod- 
ucts for  money,  and  with  that  money  he  purchases  such 
articles  as  he  needs. 

Money  may,  therefore,  be  defined  as  a  medium  of  ex- 
change in  commercial  transactions.  It  is  also  a  standard  for 
determining  the  value  of  all  the  different  kinds  of  property. 
It  follows  that  the  money  used  must  be  of  uniform  value 
throughout  the  country,  and  that  the  monetary  system  must 
be  fixed  and  certain.  For  this  reason  the  United  States 
government  alone  has  the  power  to  coin  money  and  to  is- 
sue bills  and  notes  which  circulate  as  money. 

Different  Kinds  of  Money.— In  the  United  States 
the  standard  of  value  is  the  gold  dollar,*  and  to  provide 
the  money  necessary  to  carry  on  the  business  transactions 
of  the  country  Congress  has,  from  time  to  time,  enacted 

•The  gold  dollar  weighs  25.8  grains,  of  which  23.22  grains  are  pure  gold 
and  2.58  grains  are  alloy. 


THE   POWERS   OF   CONGRESS  61 

laws  under  which  different  kinds  of  money  have  come  into 
use. 

Gold  coins  of  various  denominations  are  made  at  the 
United  States  mints,  the  most  frequently  used  being  the 
$20,  $10  and  $5  gold  pieces.  Uncoined  gold  in  blocks  and 
bars  is  equally  valuable,  and  where  large  payments  in  gold 
are  to  be  made  is  preferable  because  it  is  more  easily  han- 
dled aYid  does  not  lose  its  value  as  gold  coins  do  by  the 
friction  of  one  upon  the  other.  Gold  coin  and  gold  bullion 
are  also  deposited  in  the  United  States  Treasury  and  the 
depositor  receives  for  his  gold  a  kind  of  paper  money 
called  a  gold  certificate,  certifying  that  gold  equal  in 
amount  to  the  face  of  the  certificate  has  been  so  deposited, 
and  that  the  holder  of  the  certificate  can  exchange  it  for 
gold  at  any  time  he  wishes.  These  certificates  are  used  for 
convenience,  as  gold  in  large  quantities  is  a  bulky  com- 
modity and  gold  coin  depreciates  in  value  by  the  wear  in- 
cident to  constant  handling. 

The  United  States  government  at  the  present  time  coins 
silver  money  of  four  denominations — the  $1,  50-cent,  25- 
cent  and  lo-cent  pieces,  the  last  three  being  termed  subsid- 
iary coins.  Silver  certificates  are  issued  in  the  manner  that 
has  been  described  in  speaking  of  gold  certificates,  but  in 
smaller  denominations.  Silver  bullion  is  not  used  as  money, 
because  the  silver  contained  in  a  silver  dollar  is  less  valuable 
than  the  gold  contained  in  a  gold  dollar,  and  consequently 
silver  bullion  is  less  valuable,  according  to  its  weight,  than 
silver  dollars. 

Minor  coins,  consisting  of  5-cent  pieces,  or  nickels,  as 
they  are  ordinarily  termed,  and  copper  cents,  are  furnished, 
as  they  are  convenient  in  small  business  transactions  and 
their  use  is  a  matter  of  daily  necessity. 

Treasury  notes  are  promissory  notes  issued  by  the  ^ov- 


62  FEDERAL  GOVERNMENT 

ernment.  They  are  sometimes  called  "greenbacks,"  and 
were  first  issued  during  the  civil  war.  At  first  they  were 
not  exchangeable  for  gold  or  silver  coin,  and  their  value  de- 
pended wholly  upon  the  credit  given  to  the  government 
and  the  confidence  of  the  pubhc  in  the  government's  ability 
to  pay  its  debts,  for  these  notes  were  evidences  of  govern- 
ment indebtedness,  just  as  is  the  case  with  the  promissory 
note  of  an  individual.  In  the  year  1879,  provision  was  made 
by  Congress  for  the  redemption  of  these  notes  in  coin, 
and  for  that  purpose  a  reserve  fund  of  $100,000,000  in 
gold  coin  or  bullion  is  kept  in  the  treasury  at  all  times,  and 
these  notes  are  now  just  as  valuable  as  gold  or  silver  cer- 
tificates. 

National  bank  notes  are  a  kind  of  money  issued  by  na- 
tional banks  throughout  the  country,  but  subject  to  condi- 
tions imposed  by  Congress.  National  banks  are  corpora- 
tions* organized  under  and  by  virtue  of  an  Act  of  Con- 
gress. This  act  provides  that  a  portion  of  the  capital  of 
the  bank  must  be  invested  in  bonds  of  the  United  States, 
which  must  be  deposited  in  the  United  States  Treasury. 
The  banks  are  then  allowed  to  issue  their  promissory  notes 
to  the  extent  of  the  face  of  the  bonds  deposited  by  them. 
These  notes  are  payable  in  coin  or  greenbacks  and  circulate 
as  money,  because  their  payment  is  guaranteed  by  the  gov- 
ernment, and  consequently  they  are  just  as  valuable  as  if 
they  had  been  issued  by  the  government  itself. 

*A  corporation  Is  an  institution,  created  by  governmental  power,  composed 
of  individuals  and  exercising  powers  and  privileges  not  possessed  by  the 
persons  composing  it.  The  most  important  of  these  are  continuous  legal 
identity  and  perpetual  succession  under  the  corporate  name,  notwithstanding 
the  changes  in  the  members  by  death  or  otherwise.  Chief  Justice  Marshall 
said:  "A  corporation  is  an  artificial  being,  invisible,  intangible  and  existing 
only  In  contemplation  of  law." 

A  large  portion  of  the  business  transactions  of  the  present  day  is  trans- 
acted by  corporations,  surh  as  banks  and  insurance,  railroad  and  telegraph 
companies  and  other  organizations  in  almost  every  branch  of  industry. 


THE   POWERS   OF    CONGRESS  63 

Patents  and  Copyrights. —  Congress  has  power  to 
protect  inventors  and  authors  by  securing  to  them  for  Hm- 
ited  periods  the  exclusive  right  to  their  respective  inven- 
tions and  writings.  The  wisdom  of  granting  such  protec- 
tion as  this  to  promote  the  progress  of  science  and  the  use- 
ful arts  is  manifest,  for  advancement  in  civilization  and 
power  goes  hand  in  hand  with  the  progress  of  science.  In 
exercising  these  powers,  Congress  furnishes  protection  to 
an  inventor  by  granting  him  a  patent  upon  his  invention, 
and  to  an  author  or  artist  by  giving  him  a  copyright  on  his 
writings  or  drawings. 

A  patent  is  an  instrument  in  writing  by  which  the  United 
States  Government  guarantees  to  an  inventor  the  exclu- 
sive right  to  manufacture  and  sell  his  invention  for  a  pe- 
riod of  seventeen  years.  The  granting  of  patents  is  under 
the  charge  of  the  Conmiissioner  of  Patents,  whose  office  is 
a  branch  of  the  executive  department  of  the  government. 

A  copyright  secures  to  an  author  or  artist  the  exclusive 
right  to  print,  publish,  manufacture  and  sell  his  writings 
or  works  of  art  for  the  period  of  twenty-eight  years,  at  the 
expiration  of  which  it  may  be  renewed  for  an  additional  pe- 
riod of  fourteen  years.  Copyrights  are  granted  by  the  Li- 
brarian of  Congress,  who  is  an  independent  executive  offi- 
cer directly  under  the  control  of  Congress  and  not  at- 
tached to  any  of  the  executive  departments. 

Bankruptcy. —  The  power  of  Congress  to  establish  uni- 
form laws  on  the  subject  of  bankruptcy  throughout  the 
United  States  is  one  that  has  recently  been  exercised  by 
the  enactment  of  a  law  called  the  National  Bankruptcy 
Law.  A  bankrupt  is  a  person  who,  through  business  mis- 
fortunes or  for  other  reasons,  is  unable  to  pay  his  debts,  or 
whose  debts  are  greater  in  amount  than  the  value  of  all  of 
his  property.    Under  such  circumstances  it  is  right  and 


64  FEDERAL   GOVERNMENT 

just  that  the  debtor  should  surrender  all  of  his  property  to 
his  creditors  to  be  divided  among  them  in  proportion  to 
their  respective  claims,  and,  having  done  so  honestly,  that 
he  should  be  released  and  discharged  from  all  further  obli- 
gation to  pay  the  balance  of  his  debts.  In  this  way,  all 
creditors  alike  are  enabled  to  secure  their  just  proportion 
of  the  debtor's  assets  and  the  debtor  is  allowed  to  com- 
mence business  anew.  To  secure  these  results  the  present 
bankruptcy  law  was  passed  and  is  now  in  operation  under 
the  control  of  the  various  District  Courts  of  the  United 
States. 

Naturalization. —  Another  very  important  power  con- 
ferred upon  Congress  is  that  of  establishing  a  uniform 
rule  of  naturalization — that  is,  of  determining  in  what 
manner  and  under  what  conditions  persons  born  in  foreign 
countries  may  become  citizens  of  the  United  States.  These 
rules  should  be  the  same  in  all  States,  because  the  Con- 
stitution declares  that  the  citizens  of  each  State  shall  have 
all  the  privileges  of  citizens  of  every  other  State.  There- 
fore, in  order  to  secure  this  uniformit}',  it  follows  that  nat- 
uralization laws  must  be  enacted  by  the  United  States  Gov- 
ernment. 

These  laws  require  that  the  subject  of  a  foreign  state 
who  wishes  to  become  a  citizen  of  the  United  States  must 
make  a  declaration  of  his  intention  in  that  behalf  under 
oath  before  a  court  of  competent  jurisdiction.  When  this 
has  been  done,  a  record  is  made  of  the  declaration  and  a 
certificate  showing  the  proceeding  is  given  to  the  appli- 
cant. After  the  expiration  of  at  least  two  years,  the  process 
is  completed  by  applying  to  the  court  for  a  final  certificate 
of  naturaHzation.  At  this  time  the  appHcant  is  required 
to  prove  by  a  credible  witness  that  he  has  resided  in  the 


THE   POWERS   OF    CONGRESS  65 

United  States  at  least  five  years,  and  in  the  State  where 
the  appHcation  is  made  at  least  one  year;  that  his  moral 
character  has  been  good  during  this  period,  and  that  he  is 
attached  to  the  principles  of  the  Constitution  and  well  dis- 
posed toward  the  Government  of  the  United  States.  The 
candidate  for  citizenship  should  have  a  fair  knowledge  of 
the  Constitution  and  government  of  this  country.  After 
this  proof  has  been  made,  the  applicant  is  required  to  take 
an  oath  in  which  he  renounces  allegiance  to  all  foreign 
powers  and  potentates,  specifying  in  particular  the  one  to 
which  he  has  been  subject,  and  declares  that  he  will  sup- 
port the  Constitution  of  the  United  States.  The  process  is 
now  complete  and  a  certificate  of  naturalization  and  citi- 
zenship is  given  to  the  applicant  by  the  court  in  which  the 
proof  has  been  made. 

An  applicant  for  citizenship  who  came  to  this  country 
before  he  was  eighteen  years  of  age  is  not  required  to  make 
the  original  declaration  of  intention,  and  soldiers  in  the 
United  States  army  who  have  been  honorably  discharged 
may  take  the  oath  of  allegiance  after  one  year's  residence 
in  this  country. 

Territorial  Government. — The  fundamental  law  of  all 
territories  of  the  United  States  is  the  Constitution,  but 
the  form  of  government  of  a  territory  is  determined  by 
Congress.  The  power  of  organizing  the  government  of  a 
territory  is  vested  in  Congress  by  a  few  words  of  the  Con- 
stitution, authorizing  that  body  to  "make  all  needful  rules 
and  regulations  respecting  the  territory  or  other  property 
belonging  to  the  United  States."* 

The  political  rights  granted  to  the  inhabitants  of  a  ter- 
ritory depend  upon  many  considerations,  among  which  are 


•See  Sec.  3,  Article  IV,  of  Constitution. 
6 


66  FEDERAL  GOVERNMENT 

the  extent  and  character  of  the  population,  the  education 
of  the  people  and  their  ability  to  manage  local  aflfairs. 

It  is,  therefore,  impossible  to  describe  in  detail  the  form 
of  government  employed  in  the  territories,  because  it  has 
differed  somewhat  in  each  case.  Generally  speaking,  the 
right  of  local  self-government  has  been  recognized  by 
Congress,  but  the  people  of  the  territory  have  no  voice  in 
federal  affairs.  A  Territory  has  no  constitution,  its  place 
being  supplied  by  the  act  of  Congress  under  which  the 
Territory  is  organized.  This  act  usually  determines  the 
qualifications  of  voters,  describes  the  powers  of  the  Terri- 
torial government,  provides  for  the  appointment  of  a  gov- 
ernor and  judges  by  the  President,  and  establishes  legisla- 
tive, judicial  and  executive  departments,  limiting  and  defin- 
ing their  powers  and  relations  to  each  other.* 

Classification  of  Powers  of  Congress. — The  powers 
conferred  upon  Congress  are  for  the  most  part  enumer- 
ated in  Section  8  of  Article  I  of  the  Constitution,  and  so 
concise  and  explicit  is  the  language  employed  that  it  is  dif- 
ficult to  find  a  single  superfluous  word  in  the  entire  sec- 
tion. It  is,  therefore,  necessary  that  every  student  of  the 
Constitution  should  be  familiar  with  the  contents  of  this 
section,  as  well  as  a  few  other  sections  containing  grants  of 
power  to  the  United  States  Government.  To  assist  in  at- 
taining this  familiarity  without  attempting  to  memorize  the 
text  of  the  Constitution,  the  following  classification  of  the 
powers  of  the  United  States  Government,  made  by  a  dis- 
tinguished commentator,  w^ho  was  one  of  the  framers  of 
the  document,  will  be  found  to  be  useful,  the  basis  of  clas- 
sification being  the  objects  sought  to  be  accompHshed  by 
the  granting  of  the  various  powers : 

•See  Chapter  XIII  for  brief  description  of  the  government  of  the  North- 
west Territory. 


THE   POWERS   OF   CONGRESS  67 

1.  Powers  granted  in  order  to  afford  security  against 
foreign  danger,  among  which  may  be  included  those  of  de- 
claring war,  raising  and  supporting  armies,  providing  and 
maintaining  a  navy,  making  rules  for  the  government  of 
the  land  and  naval  forces,  and  levying  taxes  and  borrowing 
money. 

2.  Powers  necessary  for  the  regulation  of  intercourse 
with  foreign  nations,  which  include  the  power  to  regulate 
foreign  commerce,  to  define  and  pvmish  piracy  and  other 
offenses  against  the  law  of  nations,  and  certain  powers 
vested  in  the  executive  branch  of  the  government  relating 
to  the  making  of  treaties  and  sending  ambassadors,  minis- 
ters and  consuls  to  foreign  nations. 

3.  Those  powers  which  have  for  their  object  the  main- 
tenance of  harmony  and  proper  intercourse  among  the 
States.  This  class  is  the  most  numerous  of  all,  and  in  it 
may  be  included  the  powers  to  regulate  commerce  among 
the  several  States ;  to  coin  money  and  regulate  its  value ; 
to  provide  for  the  punishment  of  counterfeiting  the  securi- 
ties and  coin  of  the  United  States ;  to  establish  a  uniform 
rule  of  naturalization  and  bankruptcy  laws ;  to  establish 
postolftces  and  post  roads ;  and  also  certain  restraints  upon 
the  power  of  the  States  and  certain  judicial  powers,  which 
will  be  described  hereafter. 

4.  Powers  for  the  promotion  of  certain  miscellaneous 
objects  of  general  public  utility.  This  class  includes  the 
power  to  protect  inventors  and  authors  by  granting  pat- 
ents and  copyrights  ;  the  power  to  exercise  exclusive  legis- 
lation over  the  territory  known  as  the  District  of  Columbia, 
in  which  the  seat  of  the  government  is  located,  and  a  simi- 
lar authority  over  all  forts,  arsenals,  magazines,  dock- 
yards and  other  needful  buildings ;  to  declare  the  punish- 
ment of  treason;  and  certain  powers  relating  to  the  gov- 


68  FEDERAL   GOVERNMENT 

ernment  of  States  and  Territories,  and  to  the  admission  of 
new  States  into  the  Union. 

5.  Certain  provisions  enabHng  Congress  to  exercise  ef- 
ficiently the  powers  given  to  it.  The  first  of  these  provi- 
sions gives  to  Congress  the  power  to  make  all  needful  laws 
for  carrying  into  execution  the  foregoing  powers  and  all 
other  powers  vested  by  the  Constitution  in  the  Government 
of  the  United  States,  or  any  of  its  departments  or  officers, 
and  the  second  is  that  provision  which  makes  the  Consti- 
tution and  laws  of  the  United  States  the  supreme  law  of  the 
land,  notwithstanding  anything  to  the  contrary  contained 
in  the  Constitution  and  laws  of  any  State. 

NoTHi.— The  classification  above  given  Is  adapted  from  articles  in  The  Fed- 
eralist, of  which  James  Madison  was  the  author. 


CHAPTER  VIII. 
THE  EXECUTIVE  DEPARTMENT. 

The  few  sections  of  the  Constitution  relating  to  the  ex- 
ecutive department  give  but  a  sHght  idea  of  the  number 
and  importance  of  the  duties  discharged  by  this  branch  of 
the  government,  and  if  we  confined  our  investigation  solely 
to  a  consideration  of  the  functions  of  those  executive  offices 
created  by  the  Constitution,  we  should  be  limited  to  the 
President  and  Vice-President,  who  are  the  only  officers  of 
that  department  therein  mentioned.  Bearing  in  mind  that 
the  members  of  the  President's  Cabinet,  eight  in  number, 
the  heads  of  numerous  bureaus  and  departments,  commis- 
sioners of  various  kinds,  the  general-in-chief  of  the  army 
and  his  subordinates,  the  admiral  of  the  navy  and  many 
others,  all  are  executive  officers,  it  may^eem  strange  that 
the  framers  of  the  Constitution  neglected  to  embody  in  that 
document  more  detailed  provisions  as  to  this  department. 

On  the  other  hand,  recollecting  that  in  1789  the  nation 
had  a  population  of  only  a  few  million  inhabitants  and  that 
the  essential  framework  of  a  government  for  the  country 
in  those  days  was  simple  as  compared  with  the  require- 
ments of  the  present  day,  it  is  an  additional  evidence  of  the 
wisdom  of  our  forefathers  that  they  did  not  attempt  to  pro- 
vide in  express  terms  all  of  the  details  of  the  executive 
branch  of  the  government  which  might  be  rendered  neces- 
sary by  the  change  in  conditions  incident  to  the  growth 
and  development  of  a  century  of  progress. 

(69) 


70  FEDERAL  GOVERNMENT 

The  framers  of  the  Constitution  vested  the  executive 
power  in  the  President  alone,  giving  him  authority  to  ap- 
point certain  other  executive  officers,  but  had  sufficient  fore- 
sight to  leave  with  Congress  power  to  create  such  other 
offices,  subordinate  to  the  President,  as  future  circumstances 
might  require.  Therefore,  the  executive  department  as  it 
exists  to-day  and  the  duties  of  all  executive  officers,  with 
the  exception  of  the  President  and  Vice-President,  are  de- 
pendent upon  acts  of  Congress  and  not  upon  provisions 
of  the  Constitution. 

POWERS   AND   DUTIES   OF   THE    PRESIDENT. 

Commander-in-Chief. —  The  President,  by  virtue  of  his 
office,  is  commander-in-chief  of  the  army  and  navy  and  of 
the  militia  of  the  various  States  when  called  into  the  actual 
service  of  the  United  States.  It  has  happened  in  many 
cases  that  the  President  has  been  a  man  of  military  experi- 
ence and  well  qualified  to  act  as  commander  of  the  army, 
but  the  office  has  never  been  filled  by  a  man  having  a  naval 
training,  and  in  most  cases  the  President  has  not  been  quali- 
fied by  personal  experience  to  command  either  the  army  or 
the  navy.  Therefore,  the  actual  management  of  these 
branches  of  the  government  is  left  to  the  war  and  navy 
departments,  while  the  President,  as  commander-in-chief, 
appoints  the  heads  of  these  departments  and  other  subordi- 
nate officers.  He  also  has  the  power  of  assigning  officers 
of  the  army  and  navy  to  their  stations  and  duties  and  of 
controlling  the  movements  of  both  branches  of  the  service 
and  of  determining  the  plans  to  be  followed  and  the  policy 
to  be  pursued  in  their  management. 

Opinions  of  Executive  Officers. —  To  aid  and  guide 
him  in  the  discharge  of  his  duties  he  may  require  the  opin- 


THE   EXECUTIVE    DEPARTMENT  71 

ion  in  writing  of  the  head  of  any  of  the  executive  depart- 
ments upon  any  subject  relating  to  the  duties  of  the  depart- 
ment, and  thus  he  is  able  at  all  times  to  obtain  expert  ad- 
vice upon  questions  concerning  which  he  may  not  have  per- 
sonal knowledge.  The  power  thus  given  to  the  President 
to  demand  this  assistance  implies  a  requirement  that  the 
officer  whose  opinion  is  sought  shall  give  it  fully,  honestly 
and  exhaustively. 

Reprieves  and  Pardons.  —  The  President  can  grant 
reprieves  and  pardons  for  offenses  against  the  United 
States,  except  in  cases  of  impeachment.  A  reprieve  is  an 
order  delaying  the  execution  of  a  sentence  for  a  specified 
time,  and  a  pardon  is  a  grant  of  complete  absolution  from 
the  consequences  of  criminal  offense.  Under  monarchical 
governments  the  power  of  granting  reprieves  and  pardons 
is  a  royal  prerogative  and  is  exercised  only  by  the  sover- 
eign. 

Treaties. —  With  respect  to  the  relations  between  our 
government  and  foreign  nations,  the  President  is  charged 
with  the  exercise  of  powers  and  the  discharge  of  duties  of 
great  importance.  He  has  the  power  of  making  treaties, 
which  are  agreements  between  two  or  more  nations  relat- 
ing to  matters  which  concern  the  welfare  of  the  inhabitants 
of  the  contracting  nations,  such  as  commerce,  boundaries, 
claims  of  citizens  of  one  country  against  the  government 
of  another,  the  rights  of  a  citizen  of  one  country  to  acquire 
and  hold  property  within  the  territory  of  another,  the  mak- 
ing and  preservation  of  peace  and  the  extradition  of  crim- 
inals. 

While  the  President  has  the  power  of  making  a  treaty, 
he  does  not  personally  conduct  the  negotiations  with  a  for- 
eign country,  but  appoints  one  or  more  persons,  who  meet 
with  the  representatives  of  the  foreign  power  and  discuss 


1^2  FEDERAL  GOVERNMENT 

the  subject  matter  of  the  treaty,  acting  at  all  times  under 
the  direction  of  the  President.  In  order  to  negotiate  a 
treaty  it  is  necessary  that  a  single  officer  should  have  the 
power  of  representing  the  government,  hence  this  power  is 
given  to  the  President.  But  treaties  as  well  as  the  Consti- 
tution are  the  supreme  law  of  the  land,  and  a  treaty  has  all 
the  eflfect  of  a  law  in  regulating  the  dealings  of  the  citizens 
of  the  different  countries  with  each  other;  therefore,  the 
legislative  branch  of  the  government  should  be  consulted 
in  the  making  of  laws  of  so  much  importance.  Hence  the 
Constitution  provides  that,  before  any  treaty  can  become 
operative,  it  must  receive  the  consent  and  approval  of  two- 
thirds  of  the  Senators  of  the  United  States. 

Ambassadors  and  Ministers.  —  With  the  advice  and 
consent  of  the  Senate  the  President  appoints  ambassadors 
and  other  public  ministers  and  consuls,  who  represent  the 
interests  of  our  country  at  the  capitals  and  principal  cities 
of  all  the  nations  of  the  world.  He  also  receives  the  am- 
bassadors and  public  ministers  from  other  countries  who 
are  accredited  to  our  government.  Every  civilized  nation 
sends  a  representative  to  each  country  with  which  it  is  on 
friendly  terms,  for  the  purpose  of  carrying  on  negotiations 
and  protecting  the  interests  of  the  nation  and  its  people 
in  the  foreign  land.  This  system  is  called  the  diplomatic 
service.  The  officers  in  the  diplomatic  service  of  our  gov- 
ernment are  of  four  grades — ambassadors,  who  represent 
our  country  at  the  most  important  capitals,  such  as  those 
of  England,  France,  Germany,  Mexico  and  Russia ;  cnz'oys 
extraordinary  and  ministers  plenipotentiary,  who  are  sent  to 
those  countries  which  are  not  represented  at  our  capital 
by  ambassadors ;  ministers  resident,  who  are  officers  of  a 
lower  rank  than  the  two  preceding  and  are  our  represent- 
atives at  the  capitals  of  second-rate  powers ;  and  charges 


THE   EXFXUTIVE   DEPARTMENT  73 

d'aif aires,  who  are  accredited  to  those  countries  with  which 
we  have  but  few  relations. 

Consuls.  —  Consuls  are  officers  of  a  different  class,  ap- 
pointed by  the  President.  They  are  not  diplomatic  agents 
of  the  government,  but  may  properly  be  called  its  commer- 
cial agents,  whose  duty  it  is  to  protect  our  commercial  in- 
terests in  foreign  countries  and  our  vessels,  seamen  and 
citizens  and  their  property  in  foreign  ports.  They  are  of 
three  grades — consuls-general,  consuls  and  consular  agents 
— the  classification  being  based  upon  the  relative  importance 
of  the  places  at  which  they  are  stationed.  A  consul  must  re- 
ceive from  the  government  of  the  country  in  which  he  is 
located  a  document  granting  him  permission  to  enter  upon 
his  duties.  This  document  is  called  an  exequatur,  and  in 
our  country  it  is  issued  to  foreign  consuls  through  the  of- 
fice of  the  Secretary  of  State. 

Consuls  have  many  duties  to  perform,  among  which  may 
be  mentioned — taking  care  of  destitute  American  sailors, 
certifying  shipments  of  merchandise,  examining  emigrants, 
certifying  the  proper  execution  of  legal  documents  and  fur- 
nishing to  their  own  government  monthly  reports  upon  mat- 
ters of  commercial  or  political  interest. 

Power  of  Appointment. —  The  Constitution  also  gives 
to  the  President  the  power  of  appointing  all  other  officers 
of  the  United  States  except  those  whose  selection  is  regu- 
lated by  the  Constitution,  but  reserves  to  Congress  the  right 
of  determining  whether  or  not  the  appointment  of  inferior 
officers  shall  be  made  by  the  President  alone,  by  the  courts 
of  law  or  by  the  heads  of  departments.  In  the  exercise  of 
his  power  the  President  appoints  a  vast  number  of  officers, 
such  as  judges  of  the  different  United  States  courts  and 
other  officers  connected  with  the  administration  of  justice, 
district  attorneys,  marshals  and  commissioners  of  various 


74  FEDERAL  GOVERNMENT 

kinds,  the  members  of  his  Cabinet  and  heads  of  depart- 
ments, collectors  of  customs  and  of  internal  revenue,  the 
postmasters  in  large  cities,  officers  of  the  army  and  navy, 
governors  and  judges  for  the  territories  and  surveyors  of 
public  lands.  It  would  require  a  volume  by  itself  to  explain 
in  detail  the  duties  of  all  of  the  officers  appointed  by  the 
President,  and  therefore,  except  in  the  case  of  the  more  im- 
portant, the  work  of  obtaining  information  on  these  mat- 
ters must  be  left  for  your  own  investigation. 

Messages. —  The  remaining  duties  of  the  President  will 
not  be  given  special  attention,  with  the  exception  of  the  re- 
quirement that  he  shall,  from  time  to  time,  give  to  Con- 
gress information  of  the  state  of  the  Union  and  recommend 
to  its  consideration  such  measures  as  he  shall  judge  neces- 
sary and  expedient.  This  is  an  important  official  duty,  be- 
cause, owing  to  the  close  attention  which  the  President  is 
obliged  to  give  to  the  affairs  of  the  nation  at  all  times,  he 
is  better  informed  as  to  what  legislation  is  necessary  and 
should  be  enacted  than  the  members  of  Congress,  who,  dur- 
ing the  interim  between  the  sessions  of  that  body,  are 
largely  concerned  with  their  own  private  affairs. 

In  fulfilling  this  duty  the  first  two  Presidents  opened  the 
sessions  of  Congress  with  an  address  delivered  in  person  to 
both  Houses,  but  after  the  lapse  of  a  few  years  this  practice 
was  criticised  as  being  an  imitation  of  the  address  made  by 
the  King  of  Great  Britain  at  the  opening  of  Parliament; 
therefore  it  was  abandoned  during  the  administration  of 
Thomas  Jeflferson,  who  inaugurated  the  custom  of  sending 
a  written  message  to  Congress  to  be  read  to  both  Houses 
at  the  opening  of  the  session. 

It  is  usual  for  the  President  to  review  in  his  message,  in 
general  terms,  such  important  matters  connected  with  the 
administration  of  the  government  as  he  deems  it  proper  to 


THE   EXECUTIVE   DEPARTMENT  75 

mention  and  to  recommend  such  legislation  as  he  thinks 
the  necessities  of  the  country  demand.  The  acceptance  or 
rejection  of  such  recommendations  depends  largely  upon 
the  confidence  which  the  members  of  Congress  have  in  the 
President,  and  it  frequently  happens  that  his  communication 
is  practically  ignored  when  a  majority  of  the  members  of 
Congress  belong  to  the  opposite  political  party. 

His  Responsibility. —  It  is  the  duty  of  the  President 
to  convene  special  sessions  of  Congress  when  extraordi- 
nary occasions  may  require,  and  to  adjourn  such  sessions 
to  any  time  which  he  may  think  proper.  The  responsibil- 
ity for  the  faithful  execution  of  all  of  the  laws  of  the  United 
States  devolves  upon  the  President,  and  therefore  he  is  held 
accountable  for  the  negligence  and  mistakes  of  officers  ap- 
pointed by  him,  although  he  personally  may  have  had  no 
connection  with  their  acts. 

IMPEACHMENT. 

The  President,  Vice-President  and  all  civil  officers  of 
the  United  States  can  be  removed  from  office  only  by  im- 
peachment for  and  conviction  of  treason,  bribery  or  other 
high  crimes  and  misdemeanors.  The  civil  officers  of  the 
United  States  who  are  subject  to  removal  from  office  by 
impeachment  are  all  executive  and  judicial  officers  of  the 
government,  except  officers  of  the  army  and  navy.  This 
does  not  include  members  of  Congress  nor  officers  of  the 
State  government,  who  are  liable  to  impeachment  by  the 
State  legislature  for  malfeasance  in  office.  Officers  of  the 
army  and  navy  who  have  been  guilty  of  misconduct  are 
tried  and  punished  by  a  tribunal  called  a  court-martial, 
which  is  composed  of  military  or  naval  officers. 

Definition.  —  The  words  impeachment  and  conviction  are 
used  in  the  Constitution,  and  it  is  necessary  to  understand 


'J'G  FEDERAL   GOVERNMENT 

the  difference  in  these  words,  since  they  are  sometimes  used 
improperly  as  being  identical  in  meaning.  An  impeachment 
means  a  formal  charge  or  accusation  against  an  officer,  and, 
except  for  the  importance  of  the  ofifense  and  the  serious 
nature  of  the  charge,  impeachment  is  in  no  way  different 
from  any  other  form  of  legal  accusation,  as  a  complaint  or 
indictr^eTTt.  Conviction  means  the  judgment  by  which  the 
person  impeached  is  found  guilty. 

Procedure. — The  process  by  which  a  civil  officer  of  the 
United  States  Government  is  impeached  and  the  trial  of  the 
charges  against  him  must  be  commenced  by  the  House  of 
Representatives,  which,  under  the  Constitution,  has  the  sole 
power  of  impeachment.  The  first  step  in  the  proceeding  is  a 
resolution  adopted  by  the  House  of  Representatives,  in 
which  the  person  to  be  impeached  and  the  office  held  by  him 
and  the  offense  of  which  he  has  been  guilty  are  set  forth  in 
detail.  Then  a  committee  of  the  House  of  Representatives 
is  appointed,  whose  duty  it  is  to  make  a  formal  demand  be- 
fore the  Senate  of  the  United  States  that  the  accused  be 
summoned  to  answer  the  charges  against  him  and  required 
to  appear  before  the  Senate  for  trial.  Then  a  committee 
of  the  House  of  Representatives  is  appointed  to  prepare  the 
formal  charges  in  writing  against  the  officer,  these  charges 
being  called  Articles  of  Impeachment.  Another  committee 
of  the  House  of  Representatives  is  also  appointed  to  act 
as  prosecutors  in  the  trial  on  behalf  of  the  House  of  Repre- 
sentatives, whioh  is  the  accusing  body. 

The  Senate  is  required  by  the  Constitution  to  act  as  a 
court  for  the  trial  of  cases  of  impeachment,  and  when  so 
acting  the  members  must  take  an  oath  as  a  jury  does  when 
hearing  cases  between  private  individuals.  When  the  Pres- 
ident of  the  United  States  is  under  trial  on  articles  of  im- 
peachment, the  Chief  Justice  of  the  United  States  Supreme 


THE   EXECUTIVE   DEPARTMENT  77 

Court  acts  as  the  presiding  officer  of  the  Senate.  This  pro- 
vision was  probably  made  for  the  reason  that  the  Vice- 
President  in  such  a  case  might  be  regarded  as  an  interested 
party,  since  in  case  of  the  conviction  of  the  President  the 
honor  and  dignity  of  the  presidential  office  would  fall  to 
him. 

The  proceedings  upon  the  trial  of  an  officer  under  ar- 
ticles of  impeachment  are  similar  to  those  of  a  court  of  jus- 
tice, and  after  the  evidence  has  been  heard  and  the  argu- 
ments of  counsel  have  been  made,  each  Senator  is  required 
to  vote  upon  the  question  of  whether  the  accused  is  guilty 
or  not  guilty  of  each  specific  charge  made  in  the  articles  of 
impeachment.  In  case  of  a  conviction  in  impeachment  pro- 
ceedings, the  Constitution  requires  that  the  guilty  officer 
be  removed  from  his  position  and  disqualified  forever  from 
holding  any  office  of  honor,  trust  or  profit,  under  the 
United  States  Government.  After  a  conviction  has  been  had 
in  impeachment  proceedings,  if  the  officer  has  been  guilty  of 
ofifenses  which  are  punishable  by  law  he  may  be  again  tried 
and  punished  in  an  ordinary  court  of  justice,  the  same  as  a 
private  person. 


CHAPTER  IX. 
BRANCHES  OF  EXECUTIVE  DEPARTMENT 

One  of  the  chief  functions  of  government  is  to  enforce 
the  laws  uniformly  throughout  the  entire  country.  This  is 
performed  by  the  executive  branch,  of  which  the  President 
is  the  head,  thus  giving  him  the  title  of  Chief  Executive, 
by  which  he  is  sometimes  designated.  For  administering 
the  affairs  of  government  the  executive  branch  is  divided 
into  nine  departments,  called  the  Departments  of  State, 
Treasury,  War,  Navy,  Interior,  Postofifice,  Justice,  Agricul- 
ture and  Labor.  The  Constitution  mentions  executive  de- 
partments in  only  a  few  instances,  but  these  allusions  show 
that  the  framers  of  that  instrument  contemplated  the  cre- 
ation of  these  departments  as  necessity  might  require.  It 
will  be  our  aim  to  learn  something  in  this  chapter  of  the 
manner  in  which  the  work  of  administering  the  laws  is 
divided  among  these  nine  subordinate  branches  and  to  un- 
derstand the  systematic  way  in  which  the  various  duties 
have  been  subdiyided  so  that  each  officer,  from  the  head  of 
a  department  down  to  its  humblest  clerk,  has  his  individual 
sphere  of  action  perfectly  defined. 

The  Cabinet. —  The  head  of  each  department,  except 
Post  Office,  Justice  and  Labor,  is  called  the  Secretary  of 
the  Department.  The  head  of  the  Post  Office  Department 
is  called  the  Postmaster-General ;  of  the  Department  of  Jus- 
tice, the  Attorney-General ;  and  of  the  Department  of  Labor, 
the  Commissioner  of    Labor.     The    Secretaries  of  State, 

(78) 


EXECUTIVE  DEPARTMENT  BRANCHES     79 

Treasury,  War,  Navy,  Interior  and  Agriculture,  together 
with  the  Postmaster-General  and  Attorney-General,  consti- 
tute the  President's  Cabinet.  This  is  an  advisory  body, 
which  holds  regular  meetings  to  give  the  President  infor- 
mation concerning  the  several  departments  and  to  recom- 
mend the  methods  to  be  employed  in  dealing  with  the 
nimierous  questions  constantly  arising  in  the  governmental 
aflfairs  of  our  wealthy  and  populous  nation.  The  existence 
of  the  President's  Cabinet  is  due  rather  to  custom  and  neces- 
sity than  to  any  provision  of  the  Constitution  or  any  law 
of  Congress.  While  all  of  the  offices  held  by  members  of 
the  Cabinet  have  been  created  by  laws  of  Congress,  these 
laws  make  no  provision  for  the  association  of  the  heads  of 
the  departments  as  a  Cabinet.  Therefore,  as  a  body  the 
Cabinet  has  no  powers  and  duties  except  to  advise  and  as- 
sist the  President. 

Subordinate  Officers. —  Several  of  the  departments 
have  one  or  more  assistant  secretaries,  the  number  of  as- 
sistants being  dependent  upon  the  volume  of  business  tran- 
sacted by  the  department.  Each  of  the  departments  is 
divided  into  bureaus,  the  heads  of  which  are  called  Com- 
missioners ;  the  bureaus  are  divided  into  divisions ;  the  head 
of  each  division  is  called  the  Chief ;  the  clerical  force  of 
each  division  is  assigned  to  various  rooms  under  the  charge 
of  Chief  Clerks.  Each  person  employed  in  the  departments 
has  his  specific  duties  to  perform  and  each  is  responsible 
to  his  immediately  superior  officer. 

The  Appointing  Power. —  The  power  of  appointing 
these  officers  is  vested  by  the  Constitution  in  the  President, 
unless  Congress  provides  for  their  appointment  by  the 
heads  of  the  departments  or  otherwise,  and  speaking  gen- 
erally, all  of  these  officers  are  appointed  by  the  President  or 
the  heads  of  the  different  executive  departments. 


go  FEDERAL   GOVERNMENT 

This  power  of  appointment  to  office  is  a  matter  of  such 
vital  interest  to  the  citizens  of  our  country  that  every  one 
should  know  the  manner  in  which  it  is  exercised.  In  the 
early  days  of  the  republic  civil  officers  who  were  honest  and 
competent  retained  their  positions  through  successive  ad- 
ministrations, but  even  then  the  temptation  to  till  the  offices 
with  political  friends  caused  some  of  the  early  Presidents 
to  swerve  from  the  strict  line  of  duty.  History  records  that 
President  John  Adams  spent  the  last  hours  of  his  term  of 
office  in  making  appointments  to  important  public  positions, 
in  order  to  forestall  the  action  of  Mr.  Jeflferson,  who  was  to 
succeed  him  in  a  few  hours.  So  zealous  was  he  to  complete 
the  work  that  when  the  clock  struck  the  hour  which  ended 
his  term  of  office  he  was  still  at  his  desk,  signing  commis- 
sions as  rapidly  as  they  could  be  placed  before  him.* 

When  Andrew  Jackson  became  President  in  1828  he  at 
once  removed  a  large  number  of  clerks  and  subordinate  of- 
ficers and  appointed  in  their  places  persons  belonging  to 
his  own  political  party,  and  with  a  zeal  worthy  of  a  better 
cause  his  example  has  been  faithfully  imitated  as  far  as  pos- 
sible by  nearly  every  President  who  has  succeeded  him. 

This  practice  of  regarding  positions  in  the  civil  service  of 
the  government  as  the  legitimate  rewards  of  the  party  suc- 
cessful at  the  polls  became  subversive  of  good  government, 
because  the  inevitable  tendency  was  to  repay  an  active  polit- 
ical worker  for  his  labors  by  appointing  him  to  an  important 
public  office  instead  of  making  honesty  and  competency  the 
sole  qualifications.  After  many  years  of  discussion  and 
agitation,  Congress  enacted  the  Civil  Service  Law,  which 
requires  that  appointments  to  public  office  shall  be  based 
upon  merit  alone  and  that  they  shall  not  be  distributed  as 
rewards  for  political  services. 

•Morse's  Life  of  Jefferson. 


EXECUTIVE  DEPARTMENT  BRANCHES     81 

The  Civil  Service  Law. —  This  law  was  enacted  in  the 
year  1883.  It  provides  that  the  President  shall  appoint 
three  commissioners,  no  more  than  two  of  whom  shall  be- 
long to  the  same  political  party.  They  are  called  Civil 
Service  Commissioners,  and  it  is  their  duty  to  carry  into 
effect  the  provisions  of  the  Civil  Service  Law.  Therefore, 
they  are  executive  officers. 

This  law  requires  the  commissioners  to  hold  suitable 
examinations  for  testing  the  qualifications  of  applicants  for 
positions  in  the  various  branches  of  the  public  service,  and 
compels  the  officer  who  is  given  the  power  of  appointment 
to  make  his  selections  from  lists  of  those  persons  who  have 
passed  the  required  examinations.  The  law  also  protects 
employees  of  the  government  who  have  been  appointed  in 
this  way,  by  forbidding  their  removal  from  office  except  for 
good  cause. 

A  very  large  proportion  of  the  subordinate  executive  of- 
ficers of  the  government  are  subject  to  the  provisions  of 
this  law,  but  the  right  to  appoint  heads  of  departments 
and  many  other  officers  filling  positions  of  great  im- 
portance still  remains  vested  in  the  President. 

Department  of  State. —  The  first  Congress  which  met 
after  the  adoption  of  the  present  Constitution  created  the 
Department  of  State  by  a  law  enacted  on  January  27,  1789. 
The  head  of  this  department  is  the  Secretary  of  State,  who 
ranks  first  among  the  members  of  the  Cabinet.  He  is 
sometimes  called  the  prime  minister,  or  premier,  names 
borrowed  from  the  English  governmental  vocabulary, 
which  cannot  properly  be  applied  to  the  Secretary  of  State, 
for  the  reason  that  his  duties  have  but  little  in  common 
with  those  of  the  English  prime  minister. 

The  Secretary  of  State  is  the  minister  of  foreign  affairs, 
and  has   charge   of  all   correspondence   and   negotiations 


82  FEDERAL   GOVERNMENT 

with  the  representatives  of  foreign  governments.  He  is 
the  head  of  our  diplomatic  and  consular  service,  and  gives 
instructions  to  our  ambassadors,  ministers  and  consuls.  It 
is  his  duty  to  keep  in  his  custody  all  treaties  with  foreign 
countries,  as  well  as  the  laws  and  resolutions  of  Congress 
and  the  proclamations  of  the  President.  He  is  the  keeper 
of  the  great  seal  of  the  United  States  and  attaches  it  to  all 
documents  which  are  required  to  be  authenticated  in  that 
way,  as  presidential  proclamations,  official  commissions 
and  requisitions  for  the  extradition  of  fugitives  from  jus- 
tice. He  publishes  all  of  the  laws  and  resolutions  of  Con- 
gress and  is  required  to  report  to  that  body  from  time  to 
time,  giving  such  information  as  may  be  needed  concern- 
ing the  business  of  his  department.  There  are  also  several 
Assistant  Secretaries  of  State. 

The  department  is  divided  into  seven  bureaus,  the  most 
important  of  which  are  the  diplomatic  and  consular,  which 
have  been  sufficiently  described  in  the  preceding  chapter. 

The  Treasury. — The  Treasury  Department  also  was 
created  by  the  first  Congress  of  the  United  States  by  law 
enacted  on  September  2,  1789.  The  Secretary  of  the  Treas- 
ury ranks  next  to  the  Secretary  of  State,  and  his  duties  are 
of  the  highest  importance.  He  has  entire  charge  and  con- 
trol of  the  financial  affairs  of  the  government,  and  prac- 
tically all  legislative  acts  upon  monetary  questions  are  based 
upon  his  recommendations.  It  is  his  duty  each  year  to  give 
to  Congress  such  information  and  advice  as  will  enable  that 
body  to  act  intelligently  in  making  provisions  for  the  collec- 
tion of  a  revenue  sufficient  to  meet  the  expenses  of  govern- 
ment and  protect  the  credit  of  the  United  States. 

He  must  superintend  the  collection  of  duties  and  internal 
revenue  taxes,  the  coinage  of  money,  the  engraving  of  the 
different  kinds  of  paper  money  in  use;  the  engraving  of 


EXECUTIVE  DEPARTMENT  BRANCHES  83 

bonds  issued  by  the  government  and  the  payment  of  all 
obligations  on  the  part  of  the  government.  He  has  charge 
of  the  Life-Saving  Service,  the  inspection  of  steam  vessels, 
the  system  of  lighthouses,  the  marine  hospitals  and  the 
erection  of  public  buildings. 

The  business  of  the  Treasury  Department,  as  indicated 
by  its  disbursements  alone,  is  so  enormous  as  to  be  almost 
beyond  comprehension.  During  its  existence  it  has  paid 
out  many  billions  of  dollars  and  its  transactions  have  always 
been  so  conducted  as  to  furnish  a  just  reason  for  national 
pride. 

The  department  is  divided  into  a  large  number  of  divisions 
under  the. charge  of  chief  officers,  who  are  in  immediate  con- 
trol of  a  great  number  of  subordinates,  not  only  in  Wash- 
ington, but  in  all  parts  of  the  country  and  in  every  place 
under  the  jurisdiction  of  the  United  States.  So  numerous 
are  these  officers  that  we  can  refer  to  only  a  few  of  them. 

The  Treasurer  of  the  United  States  receives  and  dis- 
burses all  of  the  moneys  of  the  government.  He  has 
charge  of  the  entire  treasury  system,  including  the  national 
treasury  at  Washington  and  the  sub-treasuries  which  have 
been  established  in  the  various  large  cities  of  the  coun- 
try for  convenience  in  receiving  and  disbursing  the  money 
of  the  government. 

The  Register  of  the  Treasury  has  charge  of  the  book- 
keeping and  accounts  of  the  government.  The  auditors 
examine  and  pass  upon  the  accounts  and  expenses  of  the 
various  branches  of  the  government.  The  national  bank- 
ing system  is  under  the  supervision  of  the  Comptroller  of 
the  Currency.  The  Commissioner  of  Customs  superin- 
tends the  government  custom  houses  and  the  collection  of 
duties. 

Other  important  officers  of  the  Treasury  Department 


84  FEDERAL  GOVERNMENT 

are  the  Commissioner  of  Internal  Revenue,  Chief  of  the 
Bureau  of  Statistics,  Superintendent  of  the  Bureau  of 
Printing  and  Engraving,  Director  of  the  Mint,  Superin- 
tendent of  the  Life-Saving  Service,  SoHcitor  of  the  Treas- 
ury, Supervising  Architect  and  Commissioner  of  Naviga- 
tion. 

War  Department — The  third  executive  department,  cre- 
ated by  the  first  Congress  is  the  War  Department,  which 
originated  with  an  act  of  Congress  passed  in  August,  1789. 
During  Washington's  administration  the  heads  of  the  three 
departments  of  State,  Treasury  and  War  constituted  the 
President's  cabinet,  and  during  that  period  the  naval  af- 
fairs were  under  the  charge  of  the  War  Department. 

The  War  Department  has  control  of  the  military  afifairs  of 
the  nation,  and  it  also  acts  as  a  department  of  public  works. 
In  the  latter  capacity  it  superintends  the  construction  of 
harbors,  bridges,  docks  and  breakwaters,  and  oversees  the 
work  of  improving  rivers  and  harbors,  making  them  more 
suitable  for  navigation  and  expending  therefor  a  large  sum 
of  money  annually.  This  department  has  contributed 
greatly  toward  the  advancement  of  education  and  science 
by  conducting  all  of  the  exploring  expeditions  sent  out  by 
the  government. 

Its  Biircas. — The  Department  of  War,  like  the  other 
executive  departments,  is  divided  into  bureaus,  the  heads 
of  which  are  ofifiicers  of  the  United  States  Army.  The  most 
important  of  these  officers  are  the  Adjutant-General,  who 
conducts  the  correspondence  relating  to  the  business  of 
the  department,  issues  orders  to  the  commanders  of  the 
various  divisions  of  the  army  and  receives  the  reports  of 
officers  actually  engaged  in  military  duty;  the  Inspector- 
General,  who  inspects  the  condition  of  the  army  at  all 
places  where  any  part  of  it  may  be  located,  and  examines 


EXECUTIVE  DEPARTMENT  BRANCHES  85 

the  arms  and  general  equipment  of  the  soldiers,  as  well  as 
the  accounts  of  money  spent  on  the  maintenance  of  the 
forces ;  the  Quartermaster-General,  who  has  control  of  the 
clothing  and  general  army  supplies ;  the  Commissary-Gen- 
eral, who  superintends  the  purchase  and  distribution  of 
food  supplies  for  the  army ;  the  Surgeon-General,  who  is 
the  chief  medical  and  surgical  officer  and  superintends  the 
work  of  the  numerous  surgeons  attached  to  the  diflferent 
military  commands ;  the  Chief  of  Engineers,  under  whose 
direction  fortifications  are  constructed,  bridges  and  docks 
are  built,  and  harbors  improved ;  the  Judge  Advocate  Gen- 
eral, the  chief  legal  officer,  who  reviews  all  proceedings  by 
court-martial  and  acts  as  the  legal  adviser  of  the  depart- 
ment ;  the  Chief  Signal  Officer,  whose  subordinates  do  the 
work  of  sending  messages  by  means  of  the  heliograph  and 
other  systems  of  signals,  as  well  as  constructing  telegraph 
lines  when  the  army  is  actively  operating  in  the  field. 

The  Army. — At  the  present  time  the  regular  army  of  the 
United  States  consists  of  about  65,000  men,  in  all  branches 
of  the  service,  commanded  by  the  Lieutenant-General, 
who  is  Commander-in-Chief.  In  time  of  war  the  army  is 
greatly  increased  in  officers  and  men,  but,  as  its  numbers 
depend  in  such  cases  wholly  upon  the  magnitude  of  the 
conflict,  it  follows  that  no  general  statement  as  to  the  size 
and  organization  of  the  army  upon  a  war  footing  can  be 
given  which  will  be  true  in  all  cases. 

Navy  Department. — The  Navy  Department  was  es- 
tablished April  30,  1798.  The  business  of  the  department 
is  distributed  among  eight  bureaus,  the  heads  of  which  are 
officers  of  the  United  States  Navy.  These  bureaus  are 
Yards  and  Docks,  Equipment  and  Recruiting,  Navigation, 
Ordnance,  Construction  and  Repair,  Steam  Engineering, 


86  FEDERAL  GOVERNMENT 

Provisions  and  Clothing,  Medicine  and  Surgery.  The  gen- 
eral character  of  the  duties  performed  by  these  bureaus  is 
sufficiently  indicated  by  their  names,  therefore  no  detailed 
explanation  need  be  given. 

This  department  has  charge  of  the  Naval  Academy  at 
Annapolis  and  of  the  Naval  Observatory  at  Washington. 
As  a  part  of  the  work  of  the  Navigation  Bureau,  it  issues 
nautical  charts,  maps  and  books  for  the  use  of  navigators. 
It  also  publishes  a  nautical  almanac  for  the  guidance  of 
sailors. 

Interior. —  It  was  not  until  the  year  1849  that  the  In- 
terior Department  was  created  to  assume  control  of  various 
matters  connected  with  the  internal  affairs  of  the  country 
which  did  not  come  within  the  sphere  of  any  of  the  depart- 
ments existing  at  that  time.  The  heads  of  the  bureaus  into 
which  this  department  is  divided  are  called  Commissioners, 
except  in  two  cases,  in  which  they  are  designated  as  Super- 
intendents. 

General  Land  OfUce. — The  Commissioner  of  the  General 
Land  Office  has  charge  of  all  matters  relating  to  the  man- 
agement and  disposal,  by  sale  or  otherwise,  of  the  public 
lands  of  the  United  States.  The  importance  of  the  trans- 
actions which  have  taken  place  through  the  medium  of 
this  bureau  will  be  apparent  when  we  consider  that  about 
two  thirds  of  the  entire  area  of  the  country  has  been  public 
land,  the  title  to  which  was  originally  vested  in  the  United 
States. 

In  the  Revolutionary  days  there  were  but  six  of  the  orig- 
inal thirteen  colonies  whose  boundaries  were  established 
and  defined  beyond  question.  These  were  New  Hampshire, 
Rhode  Island,  Maryland,  Pennsylvania,  New  Jersey  and 
Delaware,  while  the  others  claimed  land  extending  west- 
ward to  an  indefinite  limit,  even  in  some  cases  to  the  Pacific 


EXECUTIVE  DEPARTMENT  BRANCHES  87 

Ocean.  The  question  of  the  disposition  of  these  lands  was 
one  of  the  obstacles  which  delayed  the  formation  of  the 
Union,  as  those  States  which  had  no  lands  were  exceed- 
ingly jealous  of  the  claims  of  the  others ;  but  the  dispute 
v/as  finally  settled  by  the  agreement  that  all  of  these  lands 
should  be  ceded  to  the  United  States  Government. 

In  addition  to  the  vast  western  territory,  the  title  to  which 
was  acquired  by  cession  from  the  States,  the  national  gov- 
ernment obtained  enormous  tracts  by  the  purchase  of  Flor- 
ida from  Spain,  of  Louisiana  from  France  and  of  Alaska 
from  Russia,  and  by  still  other  additions  made  as  the  result 
of  the  war  with  Mexico. 

All  of  this  enormous  territory  has  been  under  the  control 
of  the  Commissioner  of  the  General  Land  Office,  and  nearly 
all  of  it  has  been  transferred  to  private  ownership  by  that 
officer,  acting  under  the  direction  of  Congress.  To  accom- 
plish the  distribution  of  this  land  among  individuals,  the 
government  has  resorted  to  a  variety  of  expedients.  It  has 
donated  to  each  State  which  has  been  created  in  this  terri- 
tory one  section  of  land  in  each  township  for  the  support  of 
the  common  schools,  and  has  liberally  endowed  State  uni- 
versities and  agricultural  colleges  in  these  States  by  setting 
apart  large  areas  of  public  lands  for  the  support  of  these 
institutions. 

Bounties  of  public  lands  have  been  given  to  the  soldiers 
and  sailors  of  the  United  States  for  their  support  when  they 
have  been  honorably  discharged  from  service,  and  extensive 
grants  have  been  made  to  States  to  enable  them  to  build 
roads  and  canals ;  still  other  donations  have  been  made  to 
railroad  companies  for  the  purpose  of  aiding  in  the  con- 
struction of  railroads  necessary  for  the  development  of  the 
country. 


88  FEDERAL   GOVERNMENT 

Many  thousands  of  acres  of  the  pubHc  lands  of  the  United 
States  have  been  sold  for  cash,  and  from  this  source  the 
government  has  received  several  hundred  millions  of  dol- 
lars. In  other  cases,  lands  aggregating  thousands  of  acres 
have  been  donated  to  settlers  upon  their  compliance  with 
certain  laws,  which  require  persons  receiving  such  grants 
to  settle  upon  and  improve  the  land. 

Pensions. — The  Pension  Bureau  has  charge  of  the  grant- 
ing and  payment  of  pensions  to  soldiers  and  sailors  of 
the  United  States  who  have  suffered  injury  or  contracted 
disease  while  serving  in  its  army  or  navy.  A  similar  pro- 
vision is  also  made  for  the  support  of  the  widows  and  fam- 
ilies of  soldiers  and  sailors.  The  government  expends  an- 
nually in  the  payment  of  pensions  more  than  $100,000,000 
and  the  work  of  distributing  this  vast  sum  is  performed 
under  the  direction  of  the  Commissioner  of  Pensions,  at  the 
various  pension  agencies  which  have  been  established  in  dif- 
ferent parts  of  the  country. 

Other  OfHces. — Other  heads  of  bureaus  of  the  Interior 
Department  are  the  Commissioner  of  Patents,  who  super- 
intends the  granting  of  patents  to  inventors ;  the  Com- 
missioner of  Indian  Affairs,  who  has  control  of  the  support, 
government  and  education  of  the  Indians  now  living  within 
our  borders,  the  Indians  being  regarded  as  wards  of  the 
government ;  the  Commissioner  of  Railroads,  who  looks 
after  the  interest  which  the  government  has  in  several  of  the 
Pacific  railroad  companies,  the  government  having  aided 
in  the  construction  of  these  railroads  by  grants  of  land  and 
the  4oan  of  credit  and  money,  which  must  be  repaid  by  the 
companies ;  and  the  Superintendent  of  the  Census,  who  has 
charge  of  taking  the  census,  which  the  Constitution  requires 
shall  be  taken  every  ten  years.  Two  other  important  bu- 
reaus are  those  of  Education  and  of  Geological  Survey,  the 


EXECUTIVE  DEPARTMENT  BRANCHES  89 

former  of  which  collects  and  distributes  information  upon 
educational  matters,  and  the  latter  investigates  the  geolog- 
ical and  mineralogical  features  of  the  different  parts  of  the 
country  and  publishes  reports  giving  the  results  of  its  in- 
vestigations. 

The  Post  Office  Department. — Every  one  is  more 
or  less  familiar  with  the  workings  of  this  department,  for  the 
reason  that  every  citizen  avails  himself  of  its  benefits  in  the 
transaction  of  his  daily  business.  This  department  was 
established  in  1789,  but  the  Postmaster-General  did  not  be- 
come a  member  of  the  Cabinet  until  President  Jackson's 
administration  in  1829. 

He  has  charge  and  control  of  the  mail  service  of  the 
government,  which  provides  for  the  transmission  of  letters, 
newspapers,  periodicals  and  small  packages  to  all  parts  of 
the  world,  and  has  power  to  award  contracts  to  railroad 
and  steamship  lines  to  do  this  work.  He  also  establishes 
postofifices  and  appoints  postmasters  in  places,  where  the 
salary  paid  does  not  exceed  $1,000  per  year.  In  other  places 
the  postmasters  are  appointed  by  the  President  and  con- 
firmed by  the  Senate. 

Justice.  —  The  Department  of  Justice  has  been  repre- 
sented in  the  federal  government  ever  since  the  year  1789, 
when  the  ofBce  of  Attorney-General  was  created,  but  this 
officer  did  not  become  a  member  of  the  Cabinet  until  the 
year  1870. 

The  Attorney-General  is  the  chief  legal  officer  gf  the 
government.  He  advises  the  President  upon  all  legal  mat- 
ters concerning  which  his  opinion  is  sought ;  controls  and 
manages,  on  behalf  of  the  government,  all  litigation  in 
which  the  United  States  is  interested,  and  directs  Marshals; 
District  Attorneys  and  other  law  officers  of  the  government 
in  the  performance  of  their  duties. 


90  FEDERAL  GOVERNMENT 

Subordinate  to  him  are  several  assistant  attorneys-gen- 
eral, one  of  whom  is  detailed  for  service  in  the  Interior 
Department  and  another  for  service  in  the  Postoffice  De- 
partment; also  a  Solicitor  of  the  Treasury,  who  attends  to 
some  of  the  legal  affairs  of  that  department ;  a  Solicitor  of 
the  Internal  Revenue,  and  an  Examiner  of  Claims.  The 
office  of  Attorney-General  is  one  of  the  most  important  in 
the  entire  government,  and  it  has  been  filled  by  some  of  the 
most  eminent  lawyers  and  statesmen  of  our  country,  among 
whom  may  be  mentioned  Theophilus  Parsons,  William 
Pinckney,  Roger  B,  Taney,  Caleb  Cushing,  Edwin  M. 
Stanton  and  William  M.  Evarts. 

Agriculture.— The  Department  of  Agriculture  is  of 
comparatively  recent  creation.  It  was  organized  in  the 
year  1862,  and  in  1889  the  Secretary  of  Agriculture  became 
a  member  of  the  Cabinet.  The  particular  duty  of  this  de- 
partment is  to  take  all  necessary  steps  for  promoting  the 
agricultural  interests  of  the  country,  which  constitute  the 
larger  portion  of  the  wealth  of  our  people.  To  this  end  it 
maintains  numerous  bureaus  for  investigating  the  habits 
of  insects  and  birds  that  injure  the  crops  and  determines 
the  best  method  for  the  farmer  to  employ  in  order  to  pro- 
tect himself  from  these  pests. 

It  studies  the  various  diseases  with  which  cattle  and 
horses  are  afflicted,  and  ascertains  the  causes  and  best 
methods  of  treating  these  evils,  and  protects  the  public 
from  the  sale  of  diseased  meat,  sometimes  causing  whole 
herds  of  cattle  to  be  slaughtered  in  order  to  prevent  the 
spread  of  contagious  diseases. 

The  department  also  conducts  numerous  agricultural  ex- 
periments, such  as  raising  silk  worms,  growing  sorghum 
and  beets  for  the  manufacture  of  sugar,  and  testing  seeds. 


EXECUTIVE  DEPARTMENT  BRANCHES  91 

so  that  the  best  varieties  may  be  distributed  among  the 
farmers. 

Weather  Bureau. — The  Weather  Bureau,  since  the  year 
1 89 1,  has  been  a  branch  of  this  department.  This  bureau 
maintains  several  hundred  stations  located  in  various  parts 
of  the  country,  where  meteorological  observations  are  made 
daily,  and  upon  them  are  based  predictions  as  to  the  state 
of  the  weather  for  the  ensuing  twenty-four  hours.  The 
work  of  this  bureau  is  exceedingly  useful  to  the  people, 
because  thereby  notice  is  given  of  the  approach  of  storms 
likely  to  be  dangerous  to  vessels  and  likely  to  affect  im- 
portant commercial  and  agricultural  interests. 

Labor.  —  The  Department  of  Labor  became  a  separate 
department  in  the  year  1888,  having  been,  prior  to  that 
time,  a  bureau  of  the  Interior  Department.  The  duties  of 
this  department  are  solely  to  collect  facts  and  statistics 
upon  industrial  questions,  such  as  wages,  strikes,  convict 
labor  and  industrial  depressions ;  therefore,  it  is  not  neces- 
sary to  speak  in  detail  of  its  workings. 

Other  Executive  Officers. — This  completes  the  list  of 
the  important  branches  of  the  executive  department.  There 
are  several  others,  such  as  the  Inter-State  Commerce  Com- 
mission, the  Civil  Service  Commission  and  the  Office  of  the 
Librarian  of  Congress,  whose  duties  have  been  described 
elsewhere,  and  still  others,  such  as  the  Fish  Commission, 
which  makes  scientific  observations  concerning  the  habits 
of  fishes,  their  foods  and  the  methods  of  capturing  them, 
and  also  propagates  and  distributes  to  all  parts  of  the  coun- 
try such  fishes  as  are  suitable  for  food,  and  the  Government 
Printing  Office,  which  prints  the  numerous  reports  of  the 
different  branches  of  the  government  and  publishes  the  pro- 
ceedings of  Congress.  The  head  of  this  office  is  appointed 
by  the  President  and  is  called  the  Government  Printer. 


92  FEDERAL  GOVERNMENT 

After  this  brief  survey  of  the  branches  of  the  executive 
department  and  the  enormous  amount  of  business  trans- 
acted through  them,  the  conclusion  is  readily  reached  that 
so  far  as  the  masses  of  the  people  are  concerned,  this  de- 
partment, more  than  any  of  the  others,  represents  the 
power  of  the  government  and  the  practical  results  of  its 
workings.  All  of  these  departments  are  centralized  in  the 
President,  who  is  directly  responsible  to  the  people  for  the 
nianner  in  which  he  discharges  the  trusts  imposed  upon 
him. 


CHAPTER  X. 
THE  FEDERAL  JUDICIARY. 


inter- 
to  the 
tern  and 
y. 
ction  and 
d  political 
etimes  the 
bus   rivalry, 
trade,  and  at 
ntentions  in- 
ft  and  interna- 


The  history  of  our  civil  institutions  has  no 
esting  and  instructive  part  than  that  which  rel 
origin,  growth  and  development  of  our  judicial  s 
its  influence  in  shaping  the  destinies  of  our  cou 

These  judicial  records  contain  accounts  of 
conduct  of  men  individually  and  of  socia 
organizations  under  varying  conditions, 
controversies    arise  from  avarice  and  a 
sometimes  prompted- by  the  competition 
other  times  they  emanate  from  politic 
volving  discussions  of  principles  of  sta 
tional  regulations  of  universal  applicat 

In  ancient  and  mediaeval  times,  th 
instruments  of  oppression  and  injust 
as  they  were  a  protection  to  the  ri 
in  the  judicial  system  of  the  United(^ates  we  find  that  the 
framers  of  the  Constitution  secured  results  which  had  be- 
fore that  time  existed  only  in  the  theoretical  and  specula- 
tive writings  of  philosophers. 

By  the  creation  of  the  Supreme  Court  there  was  effected 
a  practically  complete  separation  of  the  legislative,  execu- 
tive and  judicial  departments  of  the  government,  a  condi- 
tion to  which  we  have  now  become  so  accustomed,  as  to 

(93) 


burts  of  law  were 
quite  as  frequently 
of  individuals,  but 


94  FEDERAL  GOVERNMENT 

render  it  difificult  for  us  to  realize  to  what  extent  the  few 
paragraphs  of  the  Constitution  producing  this  resuk  have 
excited  the  admiration  of  poUtical  and  philosophical  stu- 
dents.* 

The  Supreme  Court.  —So  much  has  been  written  in 
praise  of  this  institution  of  our  government  that  it  is  diffi- 
cult to  find  language  which  will  exceed  in  the  extravagance 
of  its  terms  the  utterances  of  distinguished  writers  in  Eu- 
rope and  America  upon  this  subject.  In  speaking  of  the 
Supreme  Court  of  the  United  States,  it  has  been  said : 

"No  product  of  government,  either  here  or  elsewhere, 
has  ever  approached  it  in  grandeur.  Within  its  appro- 
priate sphere  it  is  absolute  in  authority.  From  its  man- 
dates there  is  no  appeal.  Its  decree  is  law.  In  dignity 
and  moral  influence  it  outranks  all  other  judicial  tribunals 
of  the  world.  No  court  of  either  ancient  or  modern  times 
was  ever  invested  with  such  high  prerogatives.  Its  jurisdic- 
tion extends  over  sovereign  States,  as  well  as  the  humblest 
individual.  It  is  armed  with  the  right,  as  well  as  the  power, 
to  annul  in  eflfect  the  statutes  of  a  State  whenever  they  are 
directed  against  the  civil  rights,  the  contracts,  the  currency 
or  the  intercourse  of  the  people. 

"Secure  in  the  tenure  of  its  judges  from  the  influence  of 
politics  and  the  violence  of  prejudice  and  passion,  it  pre- 
sents an  example  of  judicial  independence  unattainable  in 
any  of  the  States  and  far  beyond  that  of  the  highest  court 
in  England.  Its  judges  are  the  sworn  ministers  of  the 
Constitution  and  are  the  High  Priests  of  Justice.  Ac- 
knowledging no  superior,  and  responsible  to  their  con- 
sciences alone,  they  owe  allegiance  to  the  Constitution  and 
to  their  own  exalted  sense  of  duty.     No  institution  of 

•See  Bryce's  American  Commonwealth,  Vol.  I,  Chap.  23. 


THE   FEDERAL  JUDICIARY  95 

purely  human  conti  ivance  presents  so  many  features  calcu- 
lated to  inspire  both  veneration  and  awe."* 

Notwithstanding  what  has  been  said  as  to  the  marvellous 
wisdom  displayed  by  the  framers  of  the  Constitution  in 
their  creation  of  this  system,  it  would  be  a  mistake  to  sup- 
pose that  they  were  guided  solely  by  their  own  original 
ideas  upon  the  subject.  Their  wisdom  was  displayed  by 
the  fortunate  and  harmonious  manner  in  which  they  took 
advantage  of  all  that  was  best  in  the  judicial  systems  of 
the  colonies  and  adopted  every  precaution  necessary  to 
protect  the  dignity  and  independence  of  the  court. 

The  Judicial  System.  —  The  judicial  power  is  vested 
in  one  Supreme  Court  and  in  such  inferior  courts  as  Con- 
gress may,  from  time  to  time,  estabHsh.  Under  the  power 
thus  given  to  establish  courts,  Congress  has  created  the 
Circuit  Court  of  Appeals,  the  Circuit  Court  and  the  Dis- 
trict Court,  which,  speaking  generally,  comprise  the  judi- 
cial system  of  the  United  States,  but  in  addition  to  these 
there  are  also  the  Court  of  Claims,  the  Supreme  Court  of 
the  District  of  Columbia  and  the  Territorial  Courts,  each 
of  which  will  be  described  in  its  proper  place. 

That  judges  may  be  secure  in  their  tenure  of  office  and 
free  from  all  influences  which  would  tend  to  hinder  them  in 
the  impartial  discharge  of  their  duties,  it  is  provided  that 
they  shall  hold  their  ofifice  during  good  behavior.  This 
means  that  an  appointment  to  the  position  of  Judge  of  any 
of  the  United  States  courts  is  for  life,  provided  the  incum- 
bent properly  performs  the  duties  of  his  ofifice.  He  can  be 
removed  from  office  by  impeachment  proceedings  only. 
The  Constitution  also  provides  that  the  judges  shall  receive 


♦Carson's   History    of   the    Supreme    Court   of   the    United   States, 


96  FEDERAL   GOVERNMENT 

for  their  services  a  compensation  which  shall  not  be  dimin- 
ished during  their  continuance  in  office.  Thus  it  appears 
that  these  two  provisions  place  a  judge  of  a  Federal  Court 
in  an  absolutely  independent  position,  the  first  giving  him 
practically  a  life  tenure  in  office,  and  the  second  guarantee- 
ing him  an  income  which  cannot  be  diminished. 

The  Federal  Courts  deal  only  with  cases  coming  within 
the  scope  of  the  enumeration  contained  in  the  second  sec- 
tion of  the  third  article  of  the  Constitution,  and  these 
courts  must  not  be  confused  with  the  courts  which  form  a 
part  of  the  government  of  each  of  the  States,  in  which  the 
ordinary  disputes  between  citizens  are  settled. 

Jurisdiction.  —  Briefly  stated,  the  courts  of  the  United 
States  have  jurisdiction  of  the  following  classes  of  cases: 

1.  All  cases  arising  under  the  Constitution,  laws  and 
treaties  of  the  United  States. 

2.  All  cases  affecting  ambassadors,  pubHc  ministers  and 
consuls. 

3.  All  cases  of  admiralty  and  maritime  jurisdiction. 

4.  Controversies  to  which  the  United  States  shall  be  a 
party. 

5.  Controversies  between  two  or  more  States  and  between 
a  State  and  the  citizens  of  another  State  and  between  citi- 
zens of  different  States.* 

6.  Controversies  between  citizens  of  the  same  State  claim- 
ing lands  under  grants  of  different  States. 

7.  Controversies  between  a  State,  or  the  citizens  thereof, 
and  foreign  states,  citizens  or  subjects. 

In  all  cases  aflfecting  ambassadors,  other  public  ministers 
and  consuls  and  those  in  which  a  State  shall  be  a  party, 

♦The  judicial  power  of  the  United  States,  although  expressly  extended  to 
cases  between  a  State  and  citizens  of  another  State,  has  been  modified  by 
reason  of  the  11th  amendment  tp  the  Constitution.    See  page  105, 


THE    FEDERAL   JUDICIARY  97 

the  Supreme  Court  has  original  jurisdiction,  by  which  is 
meant  that  such  cases  may  be  commenced  in  the  Supreme 
Court.  In  all  other  cases,  the  action  must  be  commenced 
in  the  lower  courts,  and  the  decision  of  the  Supreme  Court 
upon  the  question  involved  can  be  obtained  only  by  appeal- 
ing from  the  decision  of  the  inferior  court;  therefore,  in 
these  cases,  the  Supreme  Court  has  appellate  jurisdiction 
only. 

Criminal  Cases. — Another  paragraph  of  the  third  arti- 
cle of  the  Constitution  provides  that  the  trial  of  all  crim- 
inal cases,  except  in  cases  of  impeachment,  shall  be  by  jury, 
and  that  such  trial  shall  be  held  in  the  State  where  the  crime 
has  been  committed.  This  clause  of  the  Constitution  was 
designed  for  the  protection  of  citizens  in  two  particulars. 
It  secured  for  all  time  the  right  of  trial  by  jury  in  all  crim- 
mal  cases,  a  right  which  had  often  been  withheld  in  former 
years  by  tyrannical  kings  of  Great  Britain  and  which  the 
people  of  this  country  had  come  to  prize  most  highly.  It 
means  simply  that  no  one  can  be  convicted  of  any  crime 
unless  he  is  found  guilty  by  a  jury  composed  of  his  fellow- 
citizens,  who  are  selected  in  the  manner  required  by  law, 
and  all  of  whom  must  be  absolutely  unprejudiced  toward 
the  accused  before  entering  upon  the  trial. 

This  paragraph  of  the  Constitution  also  protects  the  citi- 
zen who  is  accused  of  committing  a  crime  from  the  injustice 
of  being  sent  for  trial  to  a  distant  place,  where  he  may  be 
unknown  and  friendless,  and  therefore  deprived  of  the  bene- 
fit of  his  previous  good  reputation  in  his  own  neighborhood, 
and  where  he  will  be  involved  in  additional  expense  and 
trouble  in  making  his  defense. 

Organization  of  the  Supreme  Court.— The  Supreme 
Court  of  the  United  States  was  organized  pursuant  to 
a  law  enacted  by  Congress  in  the  year  1789,  known  as 


98  FEDERAL   GOVERNMENT 

the  Judiciary  Act,  and  at  first  was  composed  of  one  Chief 
Justice  and  five  Associate  Justices.  Since  that  time  changes 
have  been  made  in  the  organization  of  the  court  as  necessity 
has  required,  and  it  is  now  composed  of  one  Chief  Justice 
and  eight  Associate  Justices.  All  of  these  judges  arc  ap- 
pointed by  the  President,  and,  with  good  behavior,  hold 
their  respective  offices  for  life ;  they  can  be  removed  by  im- 
peachment proceedings  only.  The  court  holds  daily  ses- 
sions, Saturdays  and  Sundays  excepted,  in  the  capitol  build- 
ing at  Washington,  commencing  in  October  of  each  year 
and  continuing  until  the  month  of  May,  when  it  adjourns 
until  the  ensuing  October. 

During  the  first  years  of  its  existence,  the  Supreme  Court 
had  but  little  work  to  do,  and  for  many  years  not  more  than 
twenty-five  cases  were  pending  before  it  in  each  year ;  but 
within  the  last  half  century  the  business  of  the  court  has 
increased  enormously.  At  the  present  time  it  disposes  of 
several  hundred  cases  annually.  The  Supreme  Court  stands 
at  the  head  of  the  judicial  system,  and  its  decisions  are  final. 

District  Courts. — A  systematic  explanation  of  the  Fed- 
.eral  judicial  system  requires  that  we  next  consider  the 
District  Courts,  which  form  the  lowest  grade.  To  secure 
the  administration  of  justice,  the  United  States  is  divided 
into  judicial  districts,  of  which  there  are  seventy-four  at  the 
present  time,  but  this  number  is  subject  to  change  as  Con- 
gress may  think  proper.  In  some -cases  the  boundaries  of  a 
judicial  district  are  identical  with  those  of  a  State ;  in  other 
cases,  a  State  is  divided  into  two  or  three  districts.  For 
example,  Illinois  is  divided  into  two  districts,  while  Maine 
constitutes  a  district  by  itself.  In  each, of  these  districts  a 
court  is  established  and  a  judge  appointed  to  preside  over 
the  same. 

The  jurisdiction  of  the  District  Courts  includes  crimes 


THE   FEDERAL   JUDICIARY  99 

coimiiitted  upon  the  high  seas,  all  suits  brought  by  officers 
of  the  United  States,  causes  of  action  arising  under  the 
postal  laws,  all  civil  cases  of  admiralty  and  maritime  juris- 
diction, suits  brought  by  aliens  for  damages  in  violation  of 
treaties  or  international  laws,  bankruptcy  matters  and  a 
variety  of  other  cases. 

Circuit  Courts.  —  The  next  step  in  the  formation  of  the 
judicial  system  is  the  grouping  of  these  districts  into  nine 
circuits,  the  number  being  identical  with  the  number  of 
Supreme  Court  Judges.  In  each  circuit  a  court,  called  the 
Circuit  Court,  is  established,  and  a  Circuit  Judge  is  ap- 
pointed. For  the  purpose  of  holding  this  court,  a  justice  of 
the  Supreme  Court  is  designated  for  each  of  these  circuits, 
and  he  is  required  by  law  to  visit  his  circuit  at  certain  inter- 
vals. The  Circuit  Court  may  be  held  by  the  judge  of  the 
Circuit  Court,  by  a  justice  of  the  Supreme  Court,  by  the 
judge  of  any  District  Court  in  the  circuit,  or  by  any  two  of 
them,  or  by  all  of  them  together. 

The  Circuit  Courts  have  jurisdiction  over  all  cases  where 
the  amount  in  dispute  exceeds  $500  and  the  parties  to  the 
controversy  are  citizens  of  different  States,  all  suits  arising 
under  the  patent  and  copyright  laws,  certain  cases  arising 
imder  the  revenue  law,  and  over  many  of  the  subjects  which 
are  within  the  jurisdiction  of  the  District  Courts.  A  com- 
plete enumeration  of  the  matters  over  which  Circuit  Courts 
of  the  United  States  have  jurisdiction  would  be  of  little  in- 
terest or  use  to  beginners  in  the  study  of  government ;  there- 
fore, it  will  not  be  attempted. 

Circuit  Court  of  Appeals. — The  Circuit  Court  of 
Appeals  was  created  by  act  of  Congress  in  1891,  for  the 
purpose  of  relieving  the  Supreme  Court  from  the  work  of 
considering  appeals  from  the  District  and  Circuit  Courts  in 
all  cases  except  those  in  which  the  jurisdiction  of  the  court 


100  FEDERAL   GOVERNMENT 

is  in  issue,  final  sentences  and  decrees  in  prize  cases,  convic- 
tions of  capital  and  otherwise  infamous  crimes,  cases  involv- 
ing constitutional  questions  and  cases  in  which  the  con- 
struction of  a  treaty  is  involved.  In  all  other  cases  appeals 
from  the  District  and  Circuit  Courts  must  be  taken  to  the 
Circuit  Court  of  Appeals. 

The  law  creating  this  court  also  provides  for  the  appoint- 
ment of  an  additional  judge  in  each  of  the  circuits  having 
the  same  power  as  Circuit  judges  of  the  United  States,  and 
receiving  the  same  salary.  This  additional  appointment  is 
necessary  in  order  to  enable  the  Court  of  Appeals  to  prop- 
erly perform  its  work  without  taking  the  time  of  the  Circuit 
and  District  judges  from  the  performance  of  their  duties,  as 
already  defined  by  law. 

The  Circuit  Court  of  Appeals  consists  of  three  judges  and 
the  justice  of  the  Supreme  Court  assigned  to  each  circuit. 
The  Circuit  judges  within  the  circuit  and  the  several  Dis- 
trict judges  within  the  circuit  are  all  competent  to  sit  as 
judges  of  the  Circuit  Court  of  Appeals.  A  session  of  this 
court  is  held  annually  in  the  principal  city  of  each  district. 

Other  Courts. — The  government  of  the  District  of  Co- 
lumbia is  under  the  control  of  Congress,  and,  to  administer 
justice  in  this  District,  Congress  has  created  a  Supreme 
Court,  which  has  jurisdiction  of  all  crimes  and  offenses  com- 
mitted within  the  District,  of  all  civil  cases  between  parties, 
both  or  either  of  whom  shall  be  a  resident  or  found  within 
the  District,  of  all  actions  of  a  civil  nature,  of  all  seizures  on 
land  or  water,  and  of  all  penalties  or  forfeitures  made,  aris- 
ing or  accruing  under  the  laws  of  the  United  States. 

Congress  has  also  created  Territorial  Courts,  which  exer- 
cise a  general  jurisdiction  over  civil  and  criminal  matters 
in  the  several  Territories.  The  judges  of  these  courts  are 
appointed  by  the  President,  and,  generally  speaking,  per- 


THE    FEDERAL   JUDICIARY  101 

form  duties  similar  to  those  of  the  judges  of  the  various  state 
courts. 

Besides  the  courts  of  justice  which  have  already  been  de- 
scribed, there  is  a  Court  of  Claims  at  Washington,  whose 
duty  it  is  to  examine  claims  against  the  government  for  the 
payment  of  money  in  cases  where  there  is  a  dispute.  The 
,  creation  of  this  court  was  a  necessity,  because  no  suit  can  be 
brought  against  the  United  States  in  any  ordinary  court. 
Nevertheless,  there  are  numerous  cases  continually  arising 
where  justice  requires  that  the  claims  of  creditors  of  the 
government  should  be  adjudicated  and  determined  accord- 
ing to  the  rules  of  law,  and  to  make  suitable  provision  for 
this  class  of  cases,  the  Court  of  Claims  has  been  created. 


CHAPTER  XL 

AMENDMENTS  TO  THE  CONSTITUTION. 

One  of  the  fundamental  principles  of  a  democratic  form 
of  government,  as  enunciated  by  the  Declaration  of  Inde- 
pendence, is  the  right  of  the  people,  who  are  the  source  of 
all  power,  to  alter  the  governmental  requirements  whenever 
it  is  necessary  to  do  so,  in  order  to  accomplish  more  perfectly 
the  objects  for  which  the  government  exists.  The  Declara- 
tion of  Independence  also  sets  forth  the  right  of  the  people 
to  abolish  a  government  which  fails  to  protect  its  subjects 
in  the  enjoyment  of  their  rights  of  life,  liberty  and  the  pur- 
suit of  happiness.  It  was  because  the  English  government 
was  destructive  of  these  ends,  that  our  forefathers  deter- 
mined to  institute  a  new  government,  laying  its  foundations 
upon  principles  which  tend  to  protect  the  rights  and  ensure 
the  safety  and  happiness  of  the  people. 

How  the  Constitution  May  Be  Amended. —  The 
right  of  the  people  of  the  United  States  to  alter  the  form  of 
their  government  is  secured  to  them  by  the  provisions  of 
the  Constitution  relating  to  the  amendment  of  that  instru- 
ment. Amendments  to  the  Constitution  jnay  be  proposed 
by  Congress  whenever  two-thirds  of  both  Houses  shall  deem 
it  advisable,  or  by  a  convention  called -for  the  purpose  of 
proposing  amendments.  It  is  the  duty  of  Congress  to  call 
such  convention  on  the  application  of  the  legislatures  of 
two  thirds  of  the  several  States.     Each  amendment  thus  far 

(102) 


AMENDMENTS   TO   THE   CONSTITUTION        103 

made  to  the  Constitution  has  been  proposed  by  the  first 
method. 

After  an  amendment  has  been  proposed,  it  must  be  sub- 
mitted for  approval  to  the  legislatures  of  the  several  States, 
or  to  conventions  to  be  called  in  each  State,  according  as 
one  or  the  other  mode  of  ratification  may  be  proposed  by 
Congress.  An  amendment  must  be  ratified  by  three  fourths 
of  the  States  before  it  can  become  a  part  of  the  Constitu- 
tion. All  amendments  to  the  Constitution  have  been  rati- 
fied by  the  first  method,  no  convention  ever  having  been 
called,  either  for  proposing  or  ratifying  amendments. 

Two  restrictions  upon  the  power  of  amendment  were  im- 
posed by  the  Constitution — one,  owing  to  the  final  settle- 
ment of  the  controversy  concerning  slavery,  is  no  longer  a 
matter  of  interest ;  the  other  provides  that  no  State  without 
its  consent  shall  be  deprived  of  its  equal  suffrage  in  the 
Senate.* 

Fifteen  amendments  to  the  Constitution  have  been  made, 
although  a  larger  number  was  considered  during  the  period 
when  the  adoption  of  the  Constitution  was  under  discussion 
by  the  people  of  the  several  States. 

FirstTen  Amendments.— The  first  ten  amendments 
were  proposed  in  Congress  during  its  first  session,  and  went 
into  effect  December  15,  1791.  These  amendments  were 
adopted  because  the  Constitution  contained  no  Bill  of 
Rights,  such  as  is  set  forth  in  the  constitutions  of  most  of 
the  States.*''' 

A  Bill  of  Rights  may  be  defined  as  a  declaratory  statute 
setting  forth  certain  inalienable  rights  of  the  people,  in  the 
enjoyment  of  which  they  are  to  be  forever  protected  by  the 


♦See  Article  V  of  Constitution. 

**Bryce's   American   Commonwealth,   Vol.   I,   page  27.    Piske's  Civil   Gov- 
ernment, page  255. 


104  FEDERAL   GOVERNMENT 

government,  and  thereby  placing  well  defined  restrictions 
upon  the  powers  of  the  government  and  its  oflficers.  The 
term  was  first  applied  to  the  statute  enacted  by  the  English 
Parliament  in  the  year  1689,  containing  the  conditions,  under 
which  the  crown  of  England  was  offered  to  William  and 
Mary,  Prince  and  Princess  of  Orange,  after  the  abdication 
and  flight  of  King  James  II.  These  conditions  were  ac- 
cepted, and  ever  since  that  time  the  Bill  of  Rights  has 
formed  a  part  of  the  constitution  of  Great  Britain.  It  has 
exercised  a  most  important  influence  upon  the  political  in- 
stitutions of  England,  because,  since  its  enactment,  every 
sovereign  of  Baglaiid  has  been  compelled  to  base  his  claim 
to  the  throne  upon  some  act  of  Parliament,  thus  effectually 
disposing  of  claims  to  rulership  by  virtue  of  divine  or  hered- 
itary rights.* 

The  first  ten  amendments  correspond  in  their  terms  to 
some  of  the  provisions  of  the  Bill  of  Rights,  just  described, 
but  it  is  generally  conceded  that  the  language  of  the  amend- 
ments is  more  forcible  and  concise  than  that  of  the  Bill  of 
Rights.  These  amendments  secure  to  the  people  the  right 
of  freedom  of  religion,  of  speech  and  of  the  press,  the  right 
to  assemble  and  petition  the  government  for  a  redress  of 
grievances,  and  the  right  to  keep  and  bear  arms  and  to  be 
secure  in  their  persons,  houses  and  property,  from  unreason- 
able arrests,  searches  and  seizures.  The  quartering  of 
troops  in  the  houses  of  citizens  in  time  of  peace  is  forbidden. 
The  right  of  trial  by  jury  in  criminal  and  civil  cases  is  guar- 
anteed, and  in  case  of  capital  crimes,  no  person  can  be  held 
answerable  except  on  a  presentment  or  indictment  of  a 
grand  jury,  A  person  cannot  be  put  in  jeopardy  more  than 
once  for  the  same  ofifense,  and  cannot  be  compelled  to  be  a 

♦Green's  History  of  the  English  People,  Bk.  VIII,  Chap.  III. 


AMENDMENTS   TO  THE   CONSTITUTION        105 

witness  against  himself  in  any  criminal  case.  The  taking  of 
private  property  for  public  use  without  just  compensation 
is  prohibited,  excessive  bail  cannot  be  demanded,  and  cruel 
and  unusual  punishment  must  not  be  inflicted. 

The  theory  upon  which  our  government  is  based  is  em- 
phasized by  the  ninth  amendment,  which  declares  that  still 
other  rights  are  retained  by  the  people,  whether  enumerated 
in  the  Constitution  or  not,  and  further  by  the  tenth  amend- 
ment, which  reserves  to  the  States  or  to  the  people  all  pow- 
ers not  expressly  delegated  by  the  Constitution  to  the  gen- 
eral government  nor  prohibited  by  it  to  the  States. 
)^  Eleventh  Amendment. — The  eleventh  amendment  was 
proposed  in  Congress  in  1794,  but  was  jiot  in  force  until 
January  8,  1798.  The  circumstances  which  led  to  the  adop- 
tion of  this  amendment  are  worthy  of  notice,  because  its 
provisions  place  an  important  restriction  upon  the  judicial 
power  of  the  Federal  Government*  and  enable  a  State  to 
repudiate  its  debts  if  so  disposed. 

In  the  year  1793,  a  citizen  of  North  Carolina  brought  a 
suit  against  the  State  of  Georgia,  relying  upon  Section  2  of 
Article  III.  of  the  Constitution,  by  which  a  controversy  be- 
tween a  State  and  a  citizen  of  another  State  is  included 
within  the  judicial  power  of  the  United  States.  The  court 
decided  in  favor  of  the  citizen  of  North  Carolina,  but  the 
decision  caused  so  much  dissatisfaction  that  the  eleventh 
amendment  was  enacted  so  as  to  prevent  a  State  from  being 
sued  against  its  will.** 

Twelfth  Amendment.  —  The  twelfth  amendment  orig- 
inated with  Alexander  Hamilton.  It  was  proposed  by  Con- 
gress in  1803  and  went  into  effect  in  1804.     This  amend- 


*See  Sec.  2,  Article  HI,   of  Constitution. 

**This  was  the  case  of  Chisholm  v.  The  State  of  Georgia.    2  Dallas  Reports, 
page  419. 


106  FEDERAL  GOVERNMENT 

ment  modified  the  method  of  voting  by  the  electors  for 
President  and  Vice  President.* 

Originally  the  ballots  of  the  electors  did  not  designate  the 
name  of  the  person  voted  for  as  President  and  Vice  Presi- 
dent, respectively,  but  each  elector  wrote  on  his  ballot  the 
names  of  two  persons,  only  one.  of  whom  could  be  a  resident 
of  the  same  State  as  the  elector.  The  candidate  having  the 
largest  number  of  votes,  provided  it  was  a  majority  of  the 
whole  number  cast,  was  elected  President,  and  the  person 
having  the  next  largest  number  was  elected  Vice  President. 

No  inconvenience  occurred  in  the  use  of  this  plan  in  the 
first  two  presidential  elections,  because  Washington  was  the 
only  candidate  for  President,  and  was  the  unanimous  choice 
of  the  people  for  that  oflfice,  but  in  1796  the  election  was 
contested.  John  Adams  was  the  candidate  of  the  Federal- 
ists and  Thomas  Jefferson  of  the  Anti-Federalists  or  Re- 
publicans.** 

In  those  days  the  electors  exercised  some  individual  dis- 
cretion and  independence  in  voting  and  were  not  bound  to 
vote  for  their  party  candidates  to  the  same  extent  as  at 
present.  There  were  dissensions  in  the  Federalist  party, 
which  prevented  some  of  the  electors  chosen  by  that  party 
from  voting  for  Thomas  Pinckney,  their  candidate  for  Vice 
President.***  As  a  result  of  these  conditions,  John  Adams 
was  chosen  President,  while  his  most  bitter  political  oppo- 
nent, Thomas  Jefiferson,  was  elected  Vice  President.**** 

At  the  next  election  in  1800  the  defects  of  the  system  then 
in  use  were  again  apparent.    Thomas  Jefferson  and  Aaron 

•See  ConsUtuUon,  Article  II,  Sec.  1,  Par.  3. 

•♦The  Republican  party  of  Jefferson's  time  must  not  be  confused  with  the 
present  party  of  that  name.  Jefferson  is  usually  regarded  as  the  founder  of 
the  present  Democratic  party.    See  Chapter  XII. 

•••Morse's  Life  of  Jefferson,  page  173. 

••••The  vote  was:  Adams,  71;  Jefferson,  68;  Pinckney,  59;  Burr,  30,  and 
the  rest  scattering. 


AMENDMENTS   TO   THE   CONSTITUTION       107 

Burr  were  the  candidates  of  the  Republicans  for  President 
and  Vice  President,  and  each  received  an  equal  number  of 
votes.  There  being  no  election  by  the  electors,  it  devolved 
upon  the  House  of  Representatives  to  choose  a  President. 
So  ardently  was  Jefferson  hated  by  his  political  opponents 
that  plans  were  formed  by  them  and  intrigues  developed  to 
prevent  his  election  to  the  presidency,  which  at  one  time 
threatened  the  peace  of  the  country.  The  controversy  was 
finally  settled  by  the  election  of  Jefiferson,  but  to  prevent 
the  recurrence  of  these  dangers  the  twelfth  amendment  to 
the  Constitution  was  adopted.* 

Thirteenth  Amendment.  —  For  the  next  sixty  years 
no  further  amendment  of  the  Constitution  was  found  neces- 
sary, but  with  the  close  of  the  Civil  War  and  the  abolition  of 
slavery  in  this  country  the  necessity  of  embodying  the  re- 
sults of  that  struggle  in  the  supreme  law  of  the  land  caused 
the  adoption  of  the  thirteenth  amendment,  whereby  neither 
slavery  nor  involuntary  servitude  is  permitted  to  exist  in  the 
United  States  or  any  place  subject  to  its  jurisdiction.  This 
amendment  was  proposed  by  Congress  in  February,  1865, 
and  was  promptly  ratified  by  the  requisite  number  of  States, 
so  that  it  went  into  effect  in  December  of  the  same  year. 

Fourteenth  Amendment. — The  fourteenth  amendment 
was  rendered  necessary  by  the  conditions  which  prevailed 
in  the  Southern  States  after  the  close  of  the  Civil  War,  dur- 
ing what  is  known  as  the  Reconstruction  Period.  During 
that  period,  these  States  enacted  laws  which  almost  had  the 
effect  of  again  reducing  the  negroes  to  slavery  by  imposing 
upon  them  harsh  conditions,  with  which  they  must  comply 
in  order  to  live  within  these  States,  and  inflicting  upon  them 
severe  penalties  for  the  violation  of  labor  contracts.     These 


*Morse'a  Life  of  Jefferson,   Chap.  XII. 


108  FEDERAL   GOVERNMENT 

States  also  voted  pensions  to  Confederate  soldiers  and  their 
families,  and  filled  important  State  offices  with  former  offi- 
cers of  the  Confederacy.  Such  acts  as  these  displayed  a 
temper  and  disposition  toward  the  Federal  Government 
which  required  governmental  restraint. 

Accordingly  the  fourteenth  amendment  was  proposed  by 
Congress  June  16,  1866,  and  submitted  to  the  States  for 
ratification.  The  amendment  is  lengthy  and  only  the  sub- 
stance of  it  can  be  stated.  It  was  intended  to  protect  the 
negroes  in  their  rights  of  citizenship,  and  substantially  de- 
fines what  is  meant  by  citizenship  in  the  United  States,  and 
prohibits  the  States  from  abridging  the  rights  of  citizens.  If 
the  right  to  vote  is  denied  to  any  qualified  voter,  a  corre- 
sponding reduction  is  made  in  the  State's  representation  in 
Congress,  and  certain  classes  of  persons  who  had  been  lead- 
ers in  the  Confederacy  are  made  ineligible  to  hold  national 
or  state  offices,  until  their  disability  has  been  removed  by  a 
vote  of  two  thirds  of  each  Houseof  Congress.  This  amend- 
ment also  secured  the  validity  of  the  public  debt  of  the 
United  States,  and  forbade  the  recognition  of  any  debt  or 
liability  incurred  in  aid  of  the  Rebellion.* 

Tennessee  was  the  only  one  of  the  seceding  states  which 
promptly  ratified  this  amendment,  and,  as  a  consequence, 
the  Southern  States  were  placed  under  military  rule  until 
such  time  as  they  saw  fit  to  comply  with  certain  conditions, 
among  which  was  the  ratification  of  this  amendment.  The 
fourteenth  amendment  went  into  effect  July  28,  1868,  having 
been  ratified  by  the  requisite  number  of  States,  including 
all  of  the  seceding  States  except  Virginia,  Mississippi  and 
Texas.     These  three  States  were  required  to  ratify  the  four- 

•See  Andrews'  History  of  the  United  States— Vol.  IV,  pages  190-197— for  an 
account  of  the  causes  which  led  to  the  adoption  of  these  amendments. 


AMENDMENTS   TO    THE    CONSTITUTION       .109 

teenth  and  fifteenth  amendments  before  they  could  resume 
their  place  in  the  Federal  Union. 

Fifteenth  Amendment.  —  The  fifteenth  amendment 
became  operative  March  30,  1870.  It  was  designed  to  still 
further  protect  the  negroes  in  exercising  the  right  to  vote, 
and  needs  no  detailed  explanation. 


CHAPTER  XII. 
POLITICS    IN    A    DEMOCRACY. 

The  word  politics,  in  its  broadest  sense,  means  the  science 
of  government.  It  deals  with  the  question  of  statecraft  and 
the  regulation  of  the  public  affairs  of  a  nation,  the  preserva- 
tion of  its  safety,  peace  and  prosperity,  the  defense  of  its 
rights  and  territory  from  foreign  control  and  conquest,  and 
the  increase  of  its  own  strength  and  resources.  One  who 
is  well  versed  in  this  science  is  a  politician  in  the  highest 
sense  of  the  word.  The  word  politician,  as  just  defined,  is 
synonymous  with  that  of  statesman. 

Both  of  these  words  have  another  and  a  narrower  mean- 
ing. In  the  latter  sense,  politics  means  the  management  of 
a  political  party,  the  conduct  of  elections,  the  contests  of 
parties  relating  to  public  questions  and  the  selection  and 
advancement  of  candidates  for  public  office. 

Viewing  politics  in  this  sense,  the  word  politician  means  a 
man  who  is  devoted  to  the  advancement  of  himself  and  his 
associates  in  public  office  and  who  strives  for  the  success  of 
the  political  party  to  which  he  belongs. 

Both  words  have  still  another  signification,  which  is  quite 
conmionly  attached  to  them,  especially  by  persons  who  do 
not  understand  the  real  meaning  of  the  terms.  In  a  bad 
sense  politics  means  the  artful  or  dishonest  management  of 
public  affairs  with  a  view  to  securing  the  success  of  a  par- 
ticular candidate  or  party,  regardless  of  the  welfare  of  the 
nation  or  State.     It  signifies  political  trickery.     In  this  case, 

(110) 


POLITICS   IN    A   DEMOCRACY  HI 

a  politician  means  a  man  who  makes  it  his  principal  business 
to  be  occupied  with  the  management  of  political  parties  and 
who  is  ready  to  do  anything  which  he  believes  to  be  for  his 
own  personal  interest. 

Citizens  living  under  a  popular  form  of  government 
should  be  interested  in  politics  and  public  questions,  that  an 
enlightened  public  opinion  may  be  created  and  maintained 
which  will  correct  the  faults  of  government,  guide  the  acts 
of  public  ofificers  and  counteract  the  evils  which  are  likely  to 
result  from  the  dishonest  or  incompetent  management  of 
public  affairs. 

Discussion  of  political  questions  generally  develops  dif- 
ferences of  opinion,  even  upon  the  simplest  governmental 
propositions.  This  is  followed  by  a  union  of  those  who 
think  substantially  alike  upon  questions  at  issue  so  as  to 
secure  the  ascendency  of  their  ideas  and  the  election  to 
public  office  of  candidates  who  will  carry  out  a  particular 
political  policy.  In  this  way  political  parties  are  created 
and  organized  with  acknowledged  leaders  and  governed 
by  well-defined  rules  in  every  state,  city  and  municipality 
throughout  the  country. 

Political  Parties  and  Their  Origin.  —  Political  par- 
ties are  organizations  of  citizens,  voluntarily  formed  in 
order  to  secure  the  success  of  particular  candidates,  and  the 
triumph  of  certain  party  principles  which  are  embodied  in 
a  statement  called  the  party  platform. 

Since  the  formation  of  our  government,  differences  of 
opinion  have  existed  among  citizens  upon  governmental 
questions.  Consequently  the  formation  of  political  parties 
commenced  with  the  first  session  of  Congress  held  after  the 
adoption  of  the  Constitution,  and  the  discussion  of  questions 
of  taxation  developed  the  issue  upon  which  citizens  divided. 
We  have  seen  that  the  failure  of  government  under  the 


112  FEDERAL   GOVERNMENT 

Articles  of  Confederation  was  due  largely  to  the  fact  that  the 
general  government  had  no  power  to  raise  money  by  taxa- 
tion. Accordingly,  one  of  the  first  problems  which  pre- 
sented itself  to  the  new  government  was  to  devise  a  system 
of  taxation  which  would  secure  sufficient  revenue  to  meet 
the  expenses  of  government,  and  at  the  same  time  would  not 
prove  too  burdensome  to  an  impoverished  people. 

Hamilton's  Measures.  —  Alexander  Hamilton  was  the 
first  Secretary  of  the  Treasury  and  upon  him  developed  the 
duty  of  solving  the  problem.  The  task  was  a  delicate  one. 
owing  to  the  fact  that  many  people  had  seriously  opposed 
the  adoption  of  the  Constitution,  because  they  feared  that 
taxation  under  the  Federal  Government  would  be  excessive 
and  ruinous  to  citizens  already  overburdened  with  local 
taxes. 

The  methods  of  taxation  introduced  by  Hamilton  were 
substantially  the  same  as  those  employed  at  the  present 
time — namely,  duties  on  imported  goods  and  internal  reve- 
nue taxes  upon  a  few  articles  of  domestic  production,  such 
as  whisky  and  tobacco.  The  system  of  indirect  taxation,  by 
levying  a  duty  on  imported  goods,  excited  no  opposition  on 
the  part  of  the  people,  because  it  is  a  tax  which  is  paid  in  the 
form  of  an  enhanced  price  placed  upon  the  imported  goods. 
This  method  of  taxation  has  been  constantly  in  use  as  a 
means  of  raising  a  national  revenue,  solely  because  the  peo- 
ple who  pay  the  taxes  do  not  realize  that  they  are  doing  so. 
and  consequently  make  no  complaint  of  the  burdens  of 
taxation. 

The  system  of  internal  revenue  taxation  devised  by  Ham- 
ilton provoked  serious  opposition  from  the  outset,  which 
culminated  in  the  Whisky  Rebellion  in  Western  Pennsyl- 
vania.    This  insurrection  was  quelled  by  the  Federal  army, 


POLITICS   IN   A   DEMOCRACY  113 

and  thereafter  the  opposition  adopted  the  more  reasonable 
methods  of  discussion  to  accompHsh  its  objects. 

The  measures  recommended  to  Congress  by  Alexander 
Hamilton  covered  a  variety  of  subjects  bearing  upon  the 
policy  to  be  pursued  by  the  new  government,  such  as  the 
raising  and  collection  of  revenue,  estimates  of  the  income 
and  expenditures  of  the  government,  the  regulation  of  the 
currency,  navigation  laws,  the  Post  Office  department  and 
the  public  lands.  Dealing  more  particularly  with  the  finan- 
cial policy  of  the  government,  he  devised  the  system  of 
taxation  already  mentioned,  made  an  exhaustive  report  upon 
the  public  credit,  wherein  he  prepared  a  plan  for  refunding 
and  finally  paying  the  entire  indebtedness  of  the  United 
States,  as  well  as  the  debts  contracted  by  the  different  States 
during  the  Revolutionary  War. 

Opposition  to  Hamilton's  Policy. — The  reports  which 
Hamilton,  in  a  comparatively  short  time,  presented  to 
Congress  generally  received  the  approval  of  that  body, 
and,  embodied  in  laws,  formed  a  comprehensive  system  of 
public  policy.*  These  measures  were  not  adopted  with- 
out serious  discussion,  which  frequently  developed  bitter 
opposition,  but  this  debate  did  not  at  first  cause  the  for- 
mation of  two  well-defined  and  compact  political  parties, 
although  such  was  the  final  result  of  the  controversy. 

During  Washington's  administration  the  leadership  of 
those  opposed  to  the  measures  advocated  by  Hamilton  came 
to  be  centered  in  Thomas  Jefferson,  Secretary  of  State.  It 
is  difficult  to  say  exactly  when  this  took  place,  but  the  differ- 
ences of  opinion  between  these  two  statesmen  began  to  be 
generally  known  in  the  winter  of  1791-92. 

Express  and  Implied  Powers. — The  opposition  to 
the  public  policy  of  Hamilton  was  based  chiefly  upon  the 


♦Lodge's  Life  of  Hamilton,  Chapter  V. 


114  FEDERAL   GOVERNMENT 

argument  that  Congress  did  not  have  power  under  the  Con- 
stitution to  enact  the  measures  which  he  recommended. 
The  government  of  the  United  States  possesses  only  those 
specific  powers  which  are  enumerated  in  the  Constitution. 
When  it  is  first  proposed  that  the  government  shall  exercise 
a  particular  power,  the  question  is  always  raised  as  to 
whether  or  not  the  provisions  of  the  Constitution  will  per- 
mit. 

Thus,  when  Hamilton  recommended  the  establishment 
of  a  national  bank,  his  opponents  urged  that  the  power 
of  establishing  and  maintaining  such  an  institution  was  not 
granted  to  the  government  by  the  Constitution.  The  sup- 
porters of  Hamilton  met  this  argument  by  asserting  that  in 
addition  to  the  powers  expressly  enumerated  in  the  Consti- 
tution, the  government  has  certain  implied  powers.  In 
support  of  their  contention,  they  cited  the  provision  of  the 
Constitution,  which  gives  to  Congress  authority  to  make 
all  laws  necessary  and  proper  for  carrying  into  efifect  the 
powers  delegated  to  the  general  government,  which  is 
sometimes  called  the  Elastic  Clause  of  the  Constitution. 

Federalists  and  Anti-Federalists. — The  discussion  be- 
tween Hamilton  and  his  opponents,  led  by  Jefferson  and 
Madison,  resulted  in  the  formation  of  two  political  parties, 
representing  two  theories  as  to  the  proper  construction  of 
the  Constitution.  One  of  these  parties,  of  which  Hamilton 
was  the  leading  representative,  favored  a  "loose"  construc- 
tion of  the  Constitution,  giving  to  the  government  extensive 
implied  powers.  This  was  called  the  Federalist  party.  The 
members  of  the  other  party  contended  for  a  "strict"  con- 
struction of  the  Constitution,  allowing  the  general  govern- 
ment to  exercise  only  those  powers  which  had  been  granted 
to  it  in  specific  terms.     JeflFerson  was  the  acknowledged 


POLITICS   IN   A   DEMOCRACY  •  115 

leader  of  this  party.  At  first  it  was  called  the  Anti-Federal- 
ist party,  but  within  a  few  years  it  assumed  the  name  Repub- 
lican. 

Successive  Party  Names. — Since  the  days  of  Jefferson 
and  Hamilton  the  American  people  have  been  divided  into 
two  great  parties  along  practically  the  same  lines,  although 
the  names  of  the  parties  have  been  changed  from  time  to 
time.  The  party  founded  by  Hamilton  was  called  Federal- 
ist until  1828,  when  for  four  years  it  was  designated  as  the 
National  Republican.  In  1832  it  became  known  as  the 
Whig  party,  a  name  which  endured  until  1854,  when  it  be- 
gan to  be  called  the  Republican  party,  the  name  which  it 
bears  to-day.  The  party  of  which  Thomas  JefTerson  was 
the  founder  continued  to  use  the  name  Republican  until 
about  1828,  and  from  that  time  to  the  present  it  has  been 
called  the  Democratic  party. 

Each  of  these  parties,  when  in  power,  has  been  more  or 
less  inconsistent  in  applying  to  actual  governmental 
problems  the  fundamental  principles  on  which  their  re- 
spective organizations  were  based,  but  the  history  of  our 
country  shows  that  for  the  most  part  the  differences  between 
them  may  be  traced  to  the  original  controversy  between 
Hamilton  and  Jefferson. 

The  study  of  the  two  great  political  parties  of  the  present 
day  is  divided  into  two  branches — the  party  organization 
and  the  nominating  conventions. 

Party  Organization. — The  control  of  party  affairs  is 
vested  in  different  committees,  the  members  of  which  are 
chosen  by  the  party  through  its  reprfesentatives  assembled  in 
convention.  The  most  important  committee  is  the  National 
Committee,  which  is  made  up  of  one  representative  from 
each  of  the  States  and  Territories.  This  committee  repre- 
sents the  party  in  all  national  matters,  attends  to  its  inter- 


IIG  FEDERAL   GOVERNMENT 

ests  in  presidential  and  congressional  elections  and  calls  to- 
gether the  National  Convention,  designating  the  time  and 
place  for  its  meeting. 

Each  party  also  has  a  State  Committee,  which,  in  some 
States,  is  composed  of  a  representative  from  each  county, 
and  in  others  of  a  representative  from  each  congressional 
district.  This  committee  has  general  control  of  the  afTairs 
of  the  party  throughout  the  State  and  calls  together  the 
State  Conventions. 

In  the  same  way,  each  party  has  a  County  Committee  in 
every  county.  In  every  political  division  of  the  State,  in- 
cluding cities,  towns,  villages,  wards,  congressional  and 
legislative  districts,  there  is  a  committee  which  looks  after 
the  interests  of  the  party  which  it  represents  in  all  political 
matters  within  its  jurisdiction. 

Generally  speaking,  political  committees  are  charged  with 
the  duty  of  promoting  the  interests  of  their  respective  par- 
ties at  all  elections.  They  must  raise  the  money  with  which 
to  pay  necessary  expenses,  see  that  all  voters  belonging  to 
the  party  are  registered,  so  that  they  can  vote  on  election 
day,  arrange  for  meetings  at  which  their  candidates  can  ad- 
dress the  public,  print  and  distribute  such  literature  as  will 
bo  beneficial  to  the  party  and  its  candidates,  and  in  every 
way  promote  the  interests  committed  to  their  care. 

Nominating  Conventions. —  All  candidates  for  office  are 
selected  by  nominating  conventions,  composed  of  delegates 
representing  the  different  sections  of  the  country.  State. 
county,  or  city,  as  the  case  may  be.  For  example,  candi- 
dates for  President  and  Vice  President  are  nominated  by  the 
National  Convention  of  each  political  party.  A  National 
Convention  meets  every  four  years.  It  is  composed  of  dele- 
gates from  all  the  States,  each  State  sending  twice  as  many 
delegates  as  it  has  representatives  in  the  national  Senate 


POLITICS   IN   A   DEMOCRACY  117 

and  House  of  Representatives.  The  National  Convention 
frames  and  adopts  a  declaration  of  party  principles  called 
the  party  platform,  and  elects  the  members  of  the  National 
Committee  for  the  ensuing  four  years. 

State  conventions  meet  as  often  as  an  election  for  state 
officers  occurs.  They  are  composed  of  delegates  from  the 
different  counties  of  the  State,  the  number  of  delegates  from 
each  county  being  dependent  upon  the  number  of  votes 
cast  for  the  party  candidates  at  the  last  preceding  general 
election.  State  conventions  nominate  candidates  for  State 
officers,  adopt  a  party  platform  and  provide  for  the  election 
of  a  State  Committee. 

The  same  principles  are  applied  in  selecting  the  commit- 
tees and  holding  the  conventions  in  each  of  the  political 
subdivisions  into  which  the  State  is  divided,  so  that 
throughout  the  entire  country  each  party  has  a  series  of 
committees,  each  of  which  acts  independently  within  its 
own  territory,  but  which,  taken  together,  constitute  a  com- 
plete and  systematic  organization. 

Primaries. — Delegates  to  the  National  Convention  are 
generally  chosen  by  the  State  conventions  of  the  respective 
States,  but  delegates  to  all  other  conventions  are  selected 
by  the  members  of  the  party  which  they  represent,  assem- 
bled in  a  mass-meeting  called  a  caucus,  or  at  elections  held 
in  the  various  precincts  or  election  districts.  Such  an  elec- 
tion is  called  primary  and,  generally  speaking,  it  is  held  in 
the  manner  and  under  the  conditions  imposed  by  the  elec- 
tion laws  of  the  various  States. 

By  this  method,  every  voter  can  participate  in  the  election 
of  delegates  to  the  various  nominating  conventions  and, 
through  these  delegates,  has  a  voice  in  the  election  of  can- 
didates for  every  office  within  the  gift  of  the  people. 

It  is  the  duty  of  every  good  citizen,  who  is  cjualified  to 


118  FEDERAL   GOVERNMENT 

vote,  to  take  part  in  primary  elections  and  thereby  help  to 
secure  the  nomination  of  worthy  candidates. 

It  is  the  duty  of  every  political  party  to  make  strenuous 
efforts  to  educate  its  members  upon  political  subjects,  to  the 
end  that  they  may  comprehend  the  purpose  and  intent  of 
the  national  and  State  Constitutions,  as  well  as  the  spirit  of 
the  laws  which  give  effect  to  their  provisions. 

END   OF   PART   ONE. 


PART   II. 

Government  of  Illinois. 


CHAPTER  XIII. 
EARLY  GOVERNMENT.* 

In  our  study  of  the  civil  institutions  of  the  United  States 
we  have  seen  that,  to  know  fully  the  history  of  their  origin 
and  growth,  we  must  commence  our  investigation  in  remote 
periods  of  the  past,  long  before  the  discovery  of  this  conti- 
nent, when  men  first  began  to  realize  that  governments  were 
but  the  creations  of  the  people,  and  that  all  should  partici- 
pate in  governmental  afifairs. 

We  have  learned  that  the  principles  of  representative  gov- 
ernment were  first  applied  in  the  small  German  and  Scandi- 
navian communities  of  Northern  Europe,  that  they  were 
transplanted  to  England  by  the  Anglo-Saxon  invaders,  and 
that  after  centuries  of  tyranny  and  misrule  they  came  into 
full  recognition  as  a  result  of  the  struggle  between  Henry 
HI.  and  his  barons  under  the  leadership  of  Simon  de  Mont- 
fort,  Earl  of  Leicester. 

Several  hundred  years  afterward,  similar  principles  were 
brought  into  use  in  the  cabin  of  the  Mayflower,  when  the 
Pilgrim  Fathers  signed  their  names  to  the  compact  which 
formed  the  basis  for  the  government  of  the  struggling  col- 
ony of  Plymouth, 

In  the  same  manner,  to  understand  the  local  govern- 

(119) 


120  STATE   GOVERNMENT 

mental  institutions  of  the  State  of  Illinois  and  to  appre- 
ciate the  theories  upon  which  they  are  based,  we  must 
commence  our  study  at  a  period  long  prior  to  the  date  of  its 
first  settlement  and  learn  how  these  institutions  came  into 
use  in  other  localities  and,  being  found  suitable  for  the  gov- 
ernment of  a  free  and  enlightened  people,  were  transplanted 
from  the  older  communities  of  New  England  and  the  South 
to  the  virgin  prairies  of  our  own  State. 

It  must  not  be  forgotten  that  the  results  of  the  centuries 
of  struggle  for  popular  government  carried  on  by  our 
Anglo-Saxon  and  English  forefathers  are  quite  as  much  the 
heritage  of  the  citizens  of  Illinois  as  of  those  of  Massachu- 
setts or  Virginia.  Besides,  all  that  has  been  said  relating 
to  the  origin  and  development  of  the  distinctive  features  of 
our  government  is  directly  applicable  to  the  civil  institu- 
tions of  Illinois,  as  will  become  apparent  when  we  consider 
how  and  by  whom  the  State  was  settled  and  under  what 
conditions  its  first  governmental  relations  were  framed. 

Early  Settlements. — The  State  of  Illinois  forms  a  part 
of  the  vast  and  indefinitely  bounded  territory  which  was 
claimed  by  England  as  a  result  of  Cabot's  voyage  of  dis- 
covery in  1498.  The  southern  portion  of  its  territory  was 
included  in  the  original  grant  of  land  from  the  British  crown 
to  the  founders  of  the  colony  of  Virginia,  while  still  other 
portions  were  claimed  by  New  York,  Massachusetts  and 
Connecticut. 

The  earliest  settlements  in  the  State  were  made  by  the 
French  under  the  leadership  of  LaSalle,  Marquette,  Joliet 
and  others,  who  explored  almost  the  entire  territory  from 
Lake  Michigan  to  the  Ohio  and  Mississippi  rivers.  Colo- 
nies were  established  by  these  leaders  at  Kaskaskia,  Caho- 
kia,  Peoria  and  other  places,  and  the  territory  was  included 
in  the  vast  domain  which  was  named  Louisiana,  in  honor  of 


EARLY    GOVERNMENT    OF    ILLINOIS  121 

Louis  XIV.  of  France.  Other  French  settlements  were 
made  until  there  were  several  thousand  inhabitants  in  the 
territory  in  the  year  1763,  when  France  was  obliged  to 
relinquish  to  England  all  her  claims,  as  a  result  of  the 
French  and  Indian  War. 

Still  the  local  government  of  the  country  remained  in  the 
hands  of  the  French,  subject  to  the  military  control  of  the 
English,  until  the  year  1778,  when  all  of  the  principal  set- 
tlements were  visited  by  a  band  of  enterprising  and  adven- 
turous Virginians,  who  compelled  the  inhabitants  to  swear 
allegiance  to  the  colony  of  Virginia.  Had  it  not  been  for 
this  conquest  by  the  Virginians,  the  entire  Northwest  would 
have  been  in  British  hands  at  the  close  of  the  Revolution, 
and,  like  Canada,  might  have  remained  an  English  province. 

A  Virginia  County. — From  this  time  until  1784,  the 
territory  which  now  composes  the  State  of  Illinois,  including 
the  entire  region  north  of  the  Ohio  and  east  of  the  Missis- 
sippi, was  governed  loosely  as  a  county  of  Virginia  by  of- 
ficers appointed  by  the  governor  of  Virginia,  and  in  this 
way  many  of  the  local  regulations  and  customs  of  Virginia 
were  impjipssed  upon  these  pioneer  settlements. 

By  cession  from  Virginia  in  1784  Illinois  became  the  prop- 
erty of  the  Federal  Government. 

From  the  close  of  the  Revolutionary  War  until  the  year 
1787  the  civil  government  of  Illinois  was  neglected  by  both 
Virginia  and  the  United  States  Government  to  such  an  ex- 
tent that  local  affairs  were  entirely  without  regulation.  Such 
courts  as  had  been  established  by  Virginia  ceased  to  per- 
form their  functions,  public  officers  did  not  discharge  their 
duties  and  lawless  individuals  plundered  the  people  at  will. 

Ordinance  of  1787.  —  Thus  the  urgent  necessity  of  pro- 
viding some  form  of  government  for  the  inhabitants  of  this 
territory  became  apparent,  and  Congress  was  busy  with  this 


122  STATE  GOVERNMENT 

problem  from  March  i,  1784,  when  a  committee,  of  which 
Thomas  Jefiferson  was  chairman,  was  appointed  to  prepare 
a  plan  for  the  temporary  government  of  the  Northwest 
Territory,  until  July  13,  1787,  when  the  famous  Ordinance 
of  1787  was  enacted  by  Congress,  which  marks  the  begin- 
ning of  civil  government  in  Illinois. 

This  celebrated  law,  the  object  of  which  was  to  provide  a 
government  for  the  territory  north  of  the  Ohio  River,  called 
the  Northwest  Territory,  has  been  the  subject  of  so  many 
encomiums  that  it  deserves  more  than  a  passing  mention 
in  this  connection.  In  speaking  of  it  Daniel  Webster  said : 
"I  doubt  whether  one  single  law,  ancient  or  modern,  has 
produced  effects  of  more  distinct,  marked  and  lasting  char- 
acter than  the  Ordinance  of  1787."  Equally  significant  are 
the  words  of  Chief  Justice  Chase  of  the  United  States  Su- 
preme Court,  who  said :  "Never,  probably,  in  the  history  of 
the  world  did  a  measure  of  legislation  so  accurately  fulfill 
and  yet  so  mightily  exceed  the  anticipations  of  the  legisla- 
tors." 

This  law  provided  a  temporary  form  of  government  for  a 
vast  and  partially  unexplored  territory,  sparsely^ginhabited 
by  Indians,  half-breeds.  Frenchmen,  pioneers  and  adventur- 
ers from  the  Eastern  States  and  from  other  parts  of  the 
world.  Owing  to  its  great  length  and  the  number  of  its 
provisions,  a  detailed  sta-tement  of  its  contents  will  not  be 
attempted. 

The  chief  merit  of  the  enactment  was  due  to  the  fact  that 
it  embodied  in  the  fundamental  law  of  this  territory  many 
of  the  principles  which  had  been  announced  in  the  Declara- 
tion of  Independence,  and  thus  secured  to  the  inhabitants 
and  their  posterity  all  the  benefits,  both  social  and  polit- 
ical, which  had  been  derived  from  the  enlightened  theories 
of  the  signers  of  the  Declaration. 


EARLY   GOVERNMENT   OF   ILLINOIS  123 

Among  these  benefits  may  be  mentioned,  the  right  to 
freedom  of  opinion  and  worship,  trial  by  jury,  the  writ  of 
habeas  corpus  and  proportionate  representation.  In  addi- 
tion to  these,  the  provision  forbidding  slavery  in  the  terri- 
tory and  the  law  of  inheritance  by  which  the  property  of  an 
intestate  descended  equally  to  his  children  were  important, 
because  they  prevented  the  formation  of  a  landed  aristoc- 
racy and  secured  a  body  of  citizens  upon  a  reasonable  basis 
of  equality  in  the  ownership  of  land. 

The  form  of  government  provided  by  this  ordinance  was 
not  particularly  liberal  in  the  matter  of  allowing  the  people 
to  exercise  the  right  of  Igcal  self-government.  The  governor 
was  appointed  by  Congress  and  vested  with  authority  to  fill 
all  of  the  minor  offices.  Three  judges  were  also  appointed, 
who,  with  the  governor,  were  given  power  to  prescribe 
the  laws  until  such  time  as  the  territory  had  a  population  of 
5,000  inhabitants.  This  population  having  been  attained, 
the  territory  was  authorized  to  elect  a  general  assembly, 
but  the  elective  franchise  could  be  exercised  only  by  citizens 
who  owned  at  least  fifty  acres  of  land,  and  a  representative 
was  required  to  be  a  citizen  of  the  United  States,  a  resident 
of  the  district  from  which  he  was  elected  and  the  owner  of  at 
least  two  hundred  and  fifty  acres  of  land.  From  time  to 
time  these  provisions  were  modified  by  amendments,  and 
the  people  were  gradually  given  greater  rights,  until  in 
181 1  the  right  of  suffrage  was  extended  to  all  those  who 
paid  a  tax  and  had  resided  in  the  district  one  year. 

The  Territory  of  Illinois. —  As  the  Northwest  Terri- 
tory increased  in  population  and  wealth,  it  was  divided  and 
at  different  times  five  sovereign  States  were  created  from 
it.  By  the  Act  of  Congress  of  February  3,  1809,  the  Terri- 
tory of  Illinois  was  organized  and  a  form  of  territorial  gov- 
ernment was  provided.    By  this  act  the  name  of  Illinois  was 


134  STATE   GOVERNMENT 

restored,  which  had  been  abandoned  ever  since  the  enact- 
ment of  the  Ordinance  of  1787. 

For  nine  years  Ilhnois  remained  a  Territory.  On  April  18, 
1818,  Congress  passed  a  law*  enabHng  its  people  to  form 
a  State  constitution,  which  was  done  by  a  constitutional 
convention  assembled  at  Kaskaskia,  and  the  work  was  com- 
pleted on  August  26  of  that  year.  With  the  adoption  of  this 
constitution  Illinois  was  ready  to  take  its  place  among  the 
States  of  the  Union,  and  by  resolution  of  Congress,  on 
December  13,  1818,  it  was  admitted  on  an  equal  footing 
with  the  original  States. 

With  this  brief  survey  of  the  government  of  Illinois  prior 
to  its  admission  into  the  Union,  it  becomes  necessary  to 
pause  in  our  study  of  its  local  institutions  and  to  consider 
certain  conditions  and  instrumentalities  which  influenced 
the  original  form  as  well  as  the  subsequent  growth  and  de- 
velopment of  its  political  affairs. 

Local  Institutions. — The  State  of  Illinois,  extending 
from  Lake  Michigan  to  the  Ohio  River,  has  an  extreme 
length  from  north  to  south  of  nearly  400  miles.  The  north- 
ern portion  of  the  State  is  in  the  same  latitude  as  the  New 
England  States  and  northern  New  York,  the  central  por- 
tion corresponds  in  latitude  with  New  Jersey  and  Maryland, 
while  the  southern  part  is  on  the  same  parallel  as  Virginia. 
These  facts  are  important,  because,  as  has  been  remarked 
by  all  writers  who  have  observed  the  westward  movement 
of  the  population,  the  migration  from  the  Atlantic  States  to 
the  interior  has,  as  a  general  rule,  followed  the  parallels  of 
latitude. 

Accordingly,  we  find  that  from  Virginia  and  Kentucky 
settlers  crowded  into  the  southern  part  of  the  new  State  of 

♦See  Appendix  B. 


EARLY    GOVERNMENT    OF    ILLINOIS  135 

Illinois,  while  the  northern  portion  was  peopled  mainly  by 
emigrants  from  New  England  and  New  York.  Thus  two 
somewhat  dissimilar  systems  of  local  government  were 
transplanted  to  the  State  of  Illinois,  one  being  based  upon 
the  local  institutions  of  V'irginia  and  the  other  derived  from 
the  political  system  of  New  England. 

The  differences  between  these  two  plans  of  local  govern- 
ment are  quite  marked,  and  in  Illinois  they  were  for  the 
first  time  brought  into  contact  with  each  other  in  the  same 
State,  as  it  was  left  to  the  inhabitants  of  each  locality  to  de- 
termine for  themselves  under  which  system  they  preferred 
to  live. 

When  Illinois  became  a  State  the  larger  portion  of  the 
population  was  in  the  southern  part,  owing  to  the  French 
settlements  and  the  Virginia  conquest,  and  naturally  the 
southern  system  of  local  government  was  more  generally 
in  use  than  that  of  New  England,  but  a  few  years  prior  to 
this  time  the  flow  of  immigration  from  the  south  had  been 
checked  and  gradually  diverted  to  Missouri.  This  was  due 
to  the  provision  of  the  famous  Ordinance  of  1787  which 
forever  prohibited  negro  slavery  in  the  Northwest  Terri- 
tory, or  in  any  State  created  from  it,  thereby  rendering  it 
impossible  for  Illinois  to  come  into  the  Union  as  a  slave- 
holding  State. 

Therefore,  it  followed  upon  its  admission  as  a  State  that 
immigration  to  the  northern  portion  increased  more  rapidly 
than  to  the  southern,  and  the  struggle  for  supremacy  be- 
tween the  two  systems  of  local  government  commenced, 
which  forms  one  of  the  most  interesting  features  of  the  his- 
tory of  civil  government  in  our  State. 

In  order  thoroughly  to  comprehend  the  rivalry  between 
these  two  political  systems,  which  has  influenced  to  a 
marked  degree  the  legislation  and  local  government  of  lUi- 


12G  STATE  GOVERNMENT 

nois,  it  is  necessary  to  study  the  organization  of  the  New 
England  town,  which  formed  the  basis  of  local  government 
in  the  northern  part  of  the  State,  and  the  Virginia  county, 
which  furnished  the  model  for  the  people  in  the  southern 
part,  and  for  this  reason  the  two  succeeding  chapters  will 
be  devoted  to  these  subjects. 


CHAPTER  XIV. 
THE  NEW  ENGLAND  TOWN. 

The  New  England  town  and  its  annual  meeting  deserve 
a  place  in  our  study,  because  their  influence  in  shaping  the 
local  government  of  Illinois  has  been  potent  and  beneficial. 
This  institution  is,  in  the  opinion  of  all  writers  upon  the 
subject  of  civil  government,  the  most  perfect  example  of  a 
government  by  the  people  that  can  be  found  in  the  political 
history  of  any  nation,  and  the  town  meeting,  as  it  existed 
in  the  early  days  and  still  exists  in  some  New  England 
conmiunities,  has  been  a  nursery  of  patriotism,  a  school  for 
the  education  of  citizens  and  a  safeguard  for  the  preserva- 
tion of  the  liberties  of  the  people. 

To  understand  fully  the  important  part  which  the  New 
England  town  has  played  in  the  political  development  of 
the  State  of  Illinois,  and  how  its  essential  features  have  been 
impressed  upon  the  local  government  of  that  State,  we 
must  know  in  detail  how  it  came  into  existence,  for  what 
purposes,  and  understand  its  leading  characteristics. 

Settlement  of  New  England. — We  have  learned  from 
the  study  of  the  history  of  our  country  that  the  early  settlers 
of  Massachusetts  and  the  colonies  which  they  formed  were, 
in  many  respects,  different  from  those  of  Virginia,  Delaware, 
Georgia  and  others  of  the  original  colonies,  to  which  fact  is 
due,  in  a  measure,  the  difference  in  the  local  institutions 
which  they  founded.  Hence  it  becomes  important  to  con- 
sider briefly  the  character  and  motives  of  the  early  settlers 

(127) 


128  STATE   GOVERNMENT 

of  New  England  and  the  conditions  under  which  they 
lived,  because  therein  will  be  found  the  reasons  which 
prompted  the  construction  and  promoted  the  growth  of 
their  political  system. 

The  principal  reason  which  impelled  the  pioneers  of  Mas- 
sachusetts to  leave  their  homes  in  England  and  seek  an 
abiding  place  in  a  wilderness  was  their  desire  to  pursue 
without  restriction  their  own  ideas  as  to  church  government 
and  religious  worship.  In  England  they  had  been  under  re- 
straint in  respect  to  these  matters,  and  having  become  dis- 
satisfied with  the  forms  and  ceremonies  of  the  English 
church,  and  being  prevented  by  the  civil  officers  from  car- 
rying out  their  own  ideas  in  these  particulars,  they  deter- 
mined to  seek  a  home  where  they  could  do  as  they  pleased 
without  fear  of  molestation  from  church  or  king. 

Church  Government. —  They  believed  that  the  govern- 
ment of  the  church  should  be  conducted  by  the  members  of 
the  organization,  and  not  in  accordance  with  the  dictates  of 
the  king  or  high  church  officials,  and  that  religious  worship 
should  be  simple  in  its  forms  and  devoid  of  rites  and  cere- 
monies. They  were  students  of  the  Bible  and  found  in  its 
lessons  a  guide  for  their  daily  life  in  their  business  and  so- 
cial relations.  Their  pastor  was  not  only  the  person  who 
expounded  the  gospel  for  their  edification  on  Sunday,  but 
he  was  also  the  man  to  whom  the  entire  community  looked 
for  guidance  in  worldly  as  well  as  spiritual  things. 

Accordingly  the  immigration  to  New  England  was  not 
one  of  individuals  or  families,  but  nt  was  a  movement  of 
church  congregations  led  by  the  pastors.  These  people  set- 
tled in  communities  composed  of  individuals  having  the 
same  ideas  upon  religious  subjects  and  desirous  of  being 
under  the  leadership  of  the  same  pastor. 


THE  NEW   ENGLAND  TOWN  129 

The  Township. — The  district  in  which  they  located  was 
called  a  township,  or  town,  that  being  the  name  to  which 
they  had  been  accustomed  in  England.  The  town  was  ir- 
regular in  shape,  there  being  no  general  system  of  surveys, 
and  its  limits  were  determined  by  the  size  of  the  community 
and  the  needs  of  the  inhabitants.  It  was  comparatively 
small  in  territory  and  compact  in  its  settlement. 

There  were  good  reasons  for  all  of  these  peculiarities.  The 
individual  holdings  of  land  were  small,  because  the  climate 
and  soil  were  such  as  to  prevent  raising  those  crops  which 
require  large  areas,  like  cotton,  wheat  or  rice,  and  each 
family  needed  only  a  small  tract  of  land  as  compared  with  the 
requirements  of  a  southern  planter  or  a  western  farmer. 
Another  reason  for  the  compactness  of  the  community  was 
the  danger  from  the  attacks  of  hostile  Indians  and  the  ne- 
cessity of  providing  for  a  common  defense,  and  still  another, 
and  perhaps  to  them  the  most  important  of  all,  was  the  de- 
sire to  have  a  common  place  of  worship  and  to  be  under  the 
ministrations  of  the  same  spiritual  leader. 

Therefore  we  find  these  communities  arranged  so  that 
the  church  may  be  as  nearly  as  possible  in  the  center  of 
the  population ;  and  close  by  it  was  located  the  blockhouse 
or  wooden  fort  in  which  the  people  could  take  refuge  in 
case  of  an  Indian  attack.  Sometimes  the  same  building  was 
both  church  and  blockhouse,  and  constituted  the  defense  of 
the  people  against  both  spiritual  and  physical  foes.  A  little 
later,  we  find  in  a  similarly  central  location  another  building 
destined  to  have  a  most  important  influence  upon  the  future 
of  the  country — the  schoolhouse.  The  Pilgrim  Fathers  were 
strong  believers  in  the  necessity  of  general  education,  but 
for  reasons  which  would  seem  strange  if  advanced  at  the 
present  day.  The  community  was  essentially  religious,  and 
the  earliest  school  law  enacted  in  this  country  provided  for 


130  STATE   GOVERNMENT 

the  establishment  of  a  school,  so  that  the  rising  generation 
might  read  and  understand  the  Bible,  and  so  be  protected 
from  the  machinations  of  "that  old  deluder,  Satan,"  whose 
one  chief  project  was  "to  keep  men  from  the  knowledge  of 
the  Scriptures." 

It  would  be  interesting  and  instructive  to  go  further  into 
the  details  of  life  in  one  of  the  early  New  England  towns, 
but  enough  has  been  said  to  show  the  leading  character- 
istics of  the  community. 

The  Town  Meeting. — The  same  ideas  which  con- 
trolled in  church  government  were  applied  to  temporal  af- 
fairs, and  therefore  the  civil  government  was  administered 
by  a  meeting  of  all  the  male  inhabitants  of  the  town  over 
twenty-one  years  of  age.  This  meeting  was  regularly  held 
once  a  year  in  the  early  spring  time,  usually  in  the  month 
of  March,  and  was  called  the  town  meeting.  In  this  meet- 
ing every  member  had  an  equal  voice  and  was  at  liberty  to 
make  motions  and  offer  resolutions  and  take  part  in  the 
discussion  of  any  and  all  questions  under  consideration, 
such  as  the  levying  of  taxes,  the  election  of  officers  and  the 
expenditure  of  public  money. 

Town  Officers. — Selectmen. — The  principal  town  officers 
were  the  Selectmen,  usually  three  in  number,  but  sometimes 
five  or  seven,  according  to  the  size  of  the  town.  These  of- 
ficers, as  their  title  shows,  were  men  selected  at  the  town 
meeting  to  administer  the  government  of  the  community 
and  to  carry  out  the  acts  and  resolutions  of  the  people  as 
expressed  by  the  proceedings  of  the  town  meeting. 

As  the  time  for  the  town  meeting  approached,  the  Select- 
men issued  their  warrant,  or  call,  for  the  meeting,  which  was 
posted  in  the  most  conspicuous  places  throughout  the  town 
and  designated  the  time  and  place  for  holding  the  meeting. 
On  the  appointed  day  the  meeting  was  called  to  order  by 


THE   NEW   ENGLAND  TOWN  131 

the  Clerk,  who  read  the  warrant  issued  by  the  Selectmen. 
The  meeting  then  proceeded  to  elect  a  presiding  officer, 
called  the  Moderator,  and  transacted  its  business  in  accord- 
ance with  the  usual  parliamentary  rules  which  govern  public 
meetings. 

At  these  meetings,  officers  were  elected  for  the  ensuing 
year,  taxes  were  levied,  provision  was  made  for  public 
works,  such  as  the  improvement  or  construction  of  high- 
ways and  bridges  and  the  maintenance  of  schools  and  alms- 
houses. 

The  Selectmen  were  the  principal  officers  elected,  and  it 
was  their  duty  to  execute  the  mandates  of  the  town  meeting 
and  to  enforce  the  ordinances  governing  the  community. 
They  governed  the  town  during  the  intervals  between  the 
town  meetings,  and  acted  as  assessors  of  taxes,  overseers  of 
the  poor,  supervisors  of  highways  and  bridges,  and  in  fact 
constituted  the  executive  branch  of  the  local  government. 

Clerk. — The  Town  Clerk  was  an  officer  of  great  impor- 
tance. It  was  his  duty  to  keep  the  records  of  the  town  meet- 
ings and  of  the  meetings  of  the  Selectmen,  as  well  as  a  reg- 
ister of  births,  deaths,  marriages  and  the  location  of  high- 
ways, public  surveys  and  other  matters  which  are  required 
to  be  recorded. 

Treasurer. — A  Town  Treasurer  was  also  elected,  who  re- 
ceived all  money  belonging  to  the  town,  such  as  tax  collec- 
tions and  license  fees,  and  paid  it  out  as  ordered  by  the  Se- 
lectmen. 

School  Committee. — The  management  of  the  public 
school  was  entrusted  to  a  School  Committee  consisting  usu- 
ally of  three  members.  This  committee  determined  how 
much  money  was  needed  for  the  support  of  the  school,  de- 
cided upon  the  location  and  erection  of  the  school  building, 
employed  the  teachers,  prescribed  the  studies  to  be  pursued, 


132  STATE   GOVERNMENT 

selected  the  textbooks  to  be  used,  made  frequent  visits  to 
the  school  and  guarded  its  interests  in  every  way.  The 
people  attached  great  importance  to  the  education  of  the 
young,  and  the  persons  selected  for  the  administration  of  so 
sacred  a  trust  were  chosen  with  a  special  view  to  their  fitness 
to  perform  their  duties. 

Other  Officers. — Other  ofificers  selected  at  the  town  meet- 
ing were  Constables,  who  served  writs  issued  by  the  courts  ; 
Poundkeepers,  who  had  charge  of  the  yards  where  stray 
animals  were  kept ;  Fence  Viewers,  whose  duty  it  was  to  set- 
tle disputes  as  to  the  location  of  boundary  lines  and  fences 
between  neighbors ;  Surveyors  of  Lumber  and  Sealers  of 
Weights  and  Measures,  who  examined  the  scales  and  meas- 
ures in  use  in  the  community,  so  that  none  might  be  de- 
frauded by  the  use  of  false  weights  and  incorrect  measures. 

There  were  also  other  ofificers  having  special  duties  to  per- 
form, but  enough  have  been  enumerated  to  show  that  in  the 
days  of  the  town  meeting  the  people  in  a  body  elected  every 
officer  to  whom  public  dvlties  were  entrusted.  There  were 
no  appointive  offices,  and  the  persons  chosen  for  the  re- 
spective positions  were  answerable  only  to  the  people  for 
the  manner  in  which  they  performed  their  duties. 

Influence  of  the  Town  Meeting. — Such,  in  brief, 
was  the  form  of  government  which  originally  existed  in  all 
the  New  England  communities  and  still  exists  unimpaired  in 
many  sections  which  have  refused  to  abandon  it  for  more 
pretentious  governmental  methods.  In  these  meetings,  all 
qualified  persons  took  part  and  attendance  was  compulsory, 
failure  to  attend  being  punishable  by  fine.  It  was  a  complete 
exemplification  of  a  government  "of  the  people,  for  the 
people  and  by  the  people."  Its  educational  value  to  the 
citizens  taking  part  in  these  deliberations  was  great,  for  in 
these  meetings  the  humblest  and  poorest  citizen  had  an 


,THE  NEW   ENGLAND  TOWN  133 

equal  voice  with  wealthy  and  educated  men  in  framing 
measures  of  public  interest.  All  were  on  an  equal  basis, 
and  the  habits  thus  cultivated  of  giving  personal  attention 
to  public  affairs,  of  taking  part  in  debate  and  giving  ex- 
pression to  individvial  ideas,  however  crude,  were  of  ines- 
timable value  in  forming  the  characters  of  the  citizens.* 

The  Town  of  Boston. — Probably  the  best  and  most 
readily  accessible  example  of  what  may  be  accomplished  in 
the  way  of  government  by  town  meeting  is  to  be  found  in 
the  public  records  of  the  town  of  Boston,  covering  a  period 
of  about  one  hundred  and  eighty  years  from  the  organiza- 
tion of  the  town  to  the  year  1822.  At  the  last  mentioned 
date,  the  town  had  a  population  of  about  40,000  inhabitants, 
and  the  town  meetings  were  so  large  as  to  be  unwieldy  and 
unmanageable.  Therefore,  the  people  abandoned  this  plan 
of  government  and  obtained  from  the  Massachusetts  legis- 
lature a  city  charter,  under  which  its  public  afifairs  were  no 
longer  managed  by  the  body  of  the  people,  but  by  repre- 
sentatives chosen  by  them. 

For  the  first  one  hundred  years  the  record  consists  of 
details  relating  to  municipal  questions,  such  as  the  loca- 
tion of  streets,  the  appropriation  of  lands  for  burial  pur- 
poses, a  discussion  of  educational  matters  and  the  levying  of 
taxes;  but  about  the  year  1761  a  change  is  to  be  noted,  and 
from  that  time  the  record  becomes  more  and  more  inter- 
esting, being  enlivened  with  numerous  addresses  to  the 
King  and  Parliament,  and  protests  against  unwarrantable 
assumptions  of  power  and  authority  by  the  royal  officers. 

In  fact,  the  town  meeting  of  Boston  was  regarded  by  Eng- 
lish sympathizers  as  a  hotbed  of  treason  to  the  King,  and 


•A  graphic  and  interesting  account  of  the  proceedings  of  a  New  England 
town  meeting  is  contained  in  Chapter  XXIII  of  Hosmer's  Life  of  Samuel 
Adams,  American  Statesmen  series. 


134  STATE  GOVERNMENT 

the  town  of  Boston,  as  a  political  center,  was  the  particular 
object  of  hatred  on  the  part  of  the  royalists,  because  from 
these  meetings  emanated  the  discussion  of  those  doctrines 
which  afterward,  embodied  in  the  Declaration  of  Independ- 
ence, resulted  in  the  emancipation  of  the  colonies  from  the 
rule  of  Great  Britain.* 

The  Unit  of  Representation.— We  have  thus  far  consid- 
ered the  town  meeting  as  a  means  of  local  government,  but 
it  performed  another  function  equally  important  as  a  part  of 
the  scheme  of  representative  government.  The  New  Eng- 
land town  was  the  unit  of  representation.  When  the  people 
came  to  take  part  in  the  wider  government,  which  controlled 
the  affairs  of  the  entire  colony  and  afterward  of  the  State  of 
Massachusetts,  they  did  so  through  the  medium  of  repre- 
sentatives elected  by  the  citizens  of  the  various  towns,  who, 
in  the  aggregate,  formed  the  General  Assembly,  or  legisla- 
tive body.  It  was  also  the  unit  for  distributing  the  assess- 
ment of  taxes — that  is  to  say,  having  ascertained  the 
amount  necessary  to  be  raised  by  taxation  for  public  pur- 
poses, the  General  Assembly  apportioned  this  amount 
among  the  various  towns  in  proportion  to  their  wealth  and 
population. 

The  system  of  government  by  township,  the  origin  of 
which,  in  this  country,  has  been  briefly  described,  has  been 
impressed  upon  the  local  government  of  a  very  large  num- 
ber of  States  of  the  Union,  whenever  emigrants  from  the 
New  England  States  have  had  a  hand  in  framing  the  polit- 
ical institutions  of  the  newly  created  State.  The  principal 
features  of  this  system  are  preserved  even  in  communities 
made  up  of  citizens  of  foreign  birth  and  extraction,  who 
have  readily  adopted  it  as  being  best  fitted  for  carrying  out 
the  principles  of  a  democratic  form  of  government. 

♦Hosmer's  Life  of  Samuel  Adams,  Chapter  I. 


CHAPTER  XV. 
THE  OLD  VIRGINIA  COUNTY. 

Another  typical  institution,  which  has  had  great  influence 
in  shaping  the  development  of  the  political  institutions  of 
the  State  of  Illinois,  was  the  Virginia  county,  as  it  existed  in 
the  days  prior  to  the  Revolution.  All  writers  are  agreed 
that  the  various  forms  of  local  government  prevailing  in  the 
United  States  have  been  the  growth  of  either  the  township 
system,  derived  from  the  New  England  colonies,  or  the 
county  system,  which  was  first  developed  in  the  colony  of 
\'irginia. 

The  Origin  of  the  County.— The  study  of  the  county 
in  its  origin  enables  us  to  distinguish  between  those  institu- 
tions which  are  directly  traceable  to  the  township  form  of 
government  on  the  one  hand  and  the  county  system  on  the 
other.  Especially  is  this  necessary  in  studying  the  civil  gov- 
ernment of  Illinois,  because  in  that  State  either  system  is 
adopted  for  purposes  of  local  government,  according  as  the 
people  may  elect. 

The  county,  like  the  township,  was  of  English  origin, 
and  was,  in  the  first  instance,  used  to  designate  the  portions 
of  England  in  which  the  early  inhabitants  dwelt.  This  is 
plainly  shown  by  many  of  the  county  names  which  still 
exist  in  England.  For  example,  the  County  of  Essex  was 
originally  the  home  of  the  East  Saxons,  and  the  County  of 
Middlesex  was  the  abode  of  the  Middle  Saxons. 

Those  who  have  read   English   history  will  remember 

(135) 


136  STATE   GOVERNMENT 

that  still  another  German  tribe  invaded  England  called 
the  Angles.  These  people  and  the  Saxons  were  of  similar 
origin,  and  the  term  "Anglo-Saxon"  is  used  to  designate 
the  union  of  these  tribes.  From  the  Angles  was  derived  the 
name  of  England,  and  after  their  settlement  they  were  di- 
vided into  two  tribes  known  as  "North  Folk"  and  "South 
Folk,"  from  which  originated  the  two  county  names  of  Nor- 
folk and  Suffolk.  All  these  county  names  were  imported 
to  this  country  by  the  early  settlers  and  one  or  more  of 
them  can  be  found  in  use  to  designate  either  a  county  or  a 
city  in  nearly  all  of  the  original  thirteen  colonies. 

We  shall  not  undertake  to  show  how  these  counties  were 
originally  governed  in  England,  as  it  is  sufficient  for  the 
purposes  of  our  study  to  note  their  English  origin,  and  that 
the  affairs  of  the  English  county  were  entrusted  to  officers 
having  the  same  titles  and  performing  the  same  duties  as  in 
our  own  State.  Among  these  officers  were  the  Sheriff,  the 
Constable,  the  Justice  of  the  Peace  and  the  Coroner,  all  of 
whose  functions  will  be  hereafter  described. 

The  English  Parish. —  In  process  of  time,  the  counties 
of  England  came  to  be  subdivided  into  parishes  for  the  pur- 
pose of  local  self-government.  The  parish  was  a  territorial 
subdivision  of  the  county,  and  its  business  was  transacted  at 
a  meeting  held  periodically  called  the  vestry  meeting.  The 
people  taking  part  in  this  meeting  were  called  the  vestry. 
We  find  among  the  officers  of  the  parish  a  Clerk,  who  per- 
formed duties  for  the  parish  similar  to  those  performed  by 
the  Town  Clerk  for  the  township ;  Church  Wardens,  whose 
special  duties  originally  were  to  care  for  the  church  prop- 
erty and  collect  the  taxes  levied  for  religious  and  charitable 
purposes ;  and  there  were  many  other  officers  who  per- 
formed duties  similar  to  those  of  the  officers  enumerated 
heretofore  as  a  part  of  the  system  of  township  government. 


THE  OLD  VIRGINIA   COUNTY  137 

Settlement  of  Virginia. —  The  conditions  under  which 
the  colony  of  Virginia  was  settled  were  such  as  to  prompt 
the  importation  of  the  county  and  parish  system  of  govern- 
ment rather  than  the  township  system,  which  prevailed  in 
New  England.  Among  these  conditions  probably  the  most 
important  was  the  character  of  the  immigration.  We  have 
seen  that  New  England  was  settled  by  church  congregations 
who,  emigrating  together,  settled  in  communities.  But  in 
Virginia  the  land  was  settled  by  individuals  who  received 
from  the  King  grants  of  large  tracts  for  the  purpose  chiefly 
of  raising  tobacco.  Consequently  the  settlement  of  the 
colony  was  not  in  compact  communities,  but  by  isolated 
plantations. 

Social  Conditions. — The  principal  industry  being  the  cul- 
tivation of  tobacco,  large  areas  of  land  were  necessary  and 
cheap  labor  was  required.  This  led  to  the  importation  of 
slaves  and  their  employment  in  the  tobacco  fields,  and  also 
to  the  transportation  to  the  colony  of  crinjinals  from  the 
large  English  cities.  Both  of  these  elements  in  the  pop- 
ulation had  a  degrading  effect  upon  the  community,  as 
neither  class  was  capable,  by  education  or  instinct,  of  taking 
part  in  the  affairs  of  the  local  government.  Class  distinc- 
tions were,  therefore,  created,  and  the  landowners  consti- 
tuted an  aristocracy,  holding  themselves  aloof  from  their 
slaves  and  the  lower  classes  of  the  white  population. 

Another  peculiarity  of  the  Virginia  colony,  distinguishing 
it  from  those  of  New  England,  was  the  absence  of  towns, 
which  was  due  not  only  to  the  large  plantations  already 
noted,  but  also  to  the  fact  that  there  were  no  manufacturing 
or  commercial  industries  by  which  towns  mainly  exist  and 
prosper.  The  eastern  portion  of  the  State  contains  a  large 
number  of  navigable  rivers  which,  with  their  branches,  af- 
forded a  ready  means  of  communication  between  all  the 


138  STATE  GOVERNMENT 

different  parts  of  the  colony,  and  with  the  ocean,  conse- 
quently the  crops  were  moved  directly  to  vessels  which  con- 
veyed them  to  Europe  and  supplies  were  received  by  the  col- 
onists in  the  same  manner,  thus  rendering  it  unnecessary 
for  the  community  to  rely  upon  local  markets  for  the  pur- 
chase of  such  articles  of  necessity  as  they  were  unable  to 
raise  upon  their  plantations. 

The  following  words  of  Mr.  Thackeray  depict  in  a  graphic 
manner  the  social  conditions  which  prevailed  in  colonial 
Virginia : 

"The  whole  usages  of  Virginia,  indeed,  were  fondly  mod- 
eled after  the  English  customs.  It  was  a  loyal  colony.  The 
Virginians  boasted  that  King  Charles  II.  had  been  King 
in  Virginia  before  he  had  been  King  in  England.  English 
King  and  English  church  were  alike  faithfully  honored. 
They  held  their  heads  above  the  Dutch  traders  of  New  York 
and  the  money-getting  Roundheads  of  Pennsylvania  and 
New  England.  Never  were  people  less  republican  than 
those  of  the  great  province  which  was  soon  to  be  foremost 
in  the  memorable  revolt  against  the  British  crown. 

"The  gentry  of  Virginia  dwelt  on  their  great  lands  after  a 
fashion  almost  patriarchal.  For  its  rough  cultivation  each 
estate  had  a  multitude  of  hands — purchased  and  assigned 
servants — who  were  subject  to  the  command  of  the  master. 
The  land  yielded  their  food,  live  stock  and  game.  The  great 
rivers  swarmed  with  fish  for  the  taking.  From  their  banks  the 
passage  home  was  clear.  Their  ships  took  the  tobacco  ofi 
their  private  wharves  on  the  banks  of  the  Potomac  or  the 
James  River  and  carried  it  to  London  or  Bristol,  bringing 
back  English  goods  and  articles  of  home  manufacture  in  re- 
turn for  the  only  produce  which  the  Virginian  gentry  chose 
to  cultivate.  Their  hospitality  was  boundless.  No  stranger 
was  ever  sent  away*  from  their  gates.    The  gentry  received 


THE   OLD  VIRGINIA   COUNTY  139 

one  another  and  traveled  to  each  other's  houses  in  a  state 
almost  feudal."* 

The  Virginia  Parish. — For  these  reasons  probably,  the 
parish  system  of  local  government  was  employed  and  the 
affairs  of  the  community  were  governed  by  a  vestry  meeting 
with  its  church  wardens  and  clerk.  The  body  of  the  people 
were  called  the  vestry,  and  at  their  annual  vestry  meeting 
they  elected  twelve  vestrymen  corresponding  to  the  select- 
men of  the  township,  whose  duty  it  was  to  administer  the 
affairs  of  the  parish  in  the  intervals  between  the  vestry  meet- 
ings. If  these  vestrymen  had  continued  to  be  elected  by 
the  entire  body  of  the  people  the  system  would  have  been  a 
democratic  one,  but  in  process  of  time  the  vestrymen  them- 
selves assumed  the  right  to  fill  vacancies  in  their  body, 
thereby  perpetuating  themselves  in  power  and  constituting 
in  effect  an  oligarchy,  or  ruling  class,  which  has  always  been 
damaging  to  the  existence  of  republican  institutions. 

That  it  was  not  subversive  of  these  institutions  in  Virginia 
and  other  southern  colonies,  was  due  to  the  fact  that  the 
vestrymen  were  men  actuated  by  the  highest  motives,  hav- 
ing the  pubHc  welfare  at  heart.  Thomas  Jefferson,  who  was 
a  profound  student  of  local  government,  said  :  "The  vestry- 
men are  usually  the  most  discreet  farmers,  so  distributed 
through  the  parish  that  every  part  of  it  may  be  under  the 
immediate  eyes  of  some  one  of  them.  They  are  well  ac- 
quainted with  the  details  and  economies  of  private  life,  and 
they  find  sufficient  inducement  to  execute  their  charge  well 
in  their  philanthropy,  in  the  approbation  of  their  neighbors 
and  the  distinction  which  that  gives  them." 

The  Unit  of  Representation. —  From  what  has  been 
said,  it  might  be  assumed  that  the  difference  between  the 


♦The  Virginians,  Chapter  III. 


140  STATE   GOVERNMENT 

Massachusetts  and  the  Virginia  colonies  was  not  so  great 
after  all,  and  that  it  was  a  difference  in  name  more  than  any- 
thing else.  This  would  doubtless  be  true  to  a  certain  extent 
so  far  as  the  government  of  the  parish  on  the  one  hand  and 
the  township  on  the  other  is  directly  concerned,  but  the  dif- 
ference appears  more  marked  when  we  learn  that  in  Vir- 
ginia the  parish  was  not  the  political  unit.  It  was  not 
the  agency  used  to  elect  the  representatives  of  the  people  in 
the  wider  government  of  the  entire  colony.  In  Virginia  the 
county  was  the  unit  of  representation  and  the  legislature 
was  composed  of  representatives  of  the  respective  counties 
and  not  of  representatives  of  the  parishes. 

County  Court. — The  principal  agency  in  administering 
the  government  of  the  Virginia  county  was  the  Countv 
Court,  which  was  composed  of  eight  justices  of  the  peace 
and  which  met  monthly  in  some  central  locality.  The  mem- 
bers of  the  court  were  appointed  by  the  governor,  but,  as  a 
matter  of  fact,  after  the  court  was  first  constituted  it  was 
practically  a  self-perpetuating  body,  because  it  was  custom- 
ary for  the  court  itself  to  nominate  to  the  governor  suita- 
ble candidates  for  the  filling  of  all  vacancies,  and  its  recom- 
mendations were  generally  followed. 

The  county  court  had  a  limited  jurisdiction  in  givil  and 
criminal  actions,  and  had  charge  of  the  probate  of  wills  and 
the  administration  of  estates.  In  addition  to  its  judicial 
functions,  it  also  superintended  the  construction  of  bridges 
and  highways  and  appointed  most  of  the  county  officers, 
such  as  surveyors,  constables  and  corotiers,  and  levied  the 
taxes  for  the  entire  county  to  be  expended  for  such  public 
purposes  as  payment  of  salaries,  construction  of  roads  and 
public  buildings. 

Taxes. — As  the  population  of  Virginia  was  scattered  and 
there  were  no  towns  in  the  early  days,  many  of  the  objects 


THE  OLD   VIRGINIA   COUNTY  141 

for  which  taxes  are  levied  in  municipahties  did  not  exist  in 
the  colony.  The  local  taxes  were  levied  by  the  vestrymen 
and  were  applied  principally  for  ecclesiastical  purposes  and 
the  support  of  the  poor,  and  the  general  taxes,  for  the  pur- 
poses which  have  already  been  mentioned,  were  levied  by 
the  county  court. 

Sheriff. — Under  the  county  system,  which  prevailed  in 
Virginia,  the  Sheriff  was  an  officer  having  a  multitude  of 
duties.  He  not  only  acted  as  the  executive  officer  of 
the  court,  and  in  that  capacity  served  writs,  took  care  of 
the  courthouse  and  jail  and  enforced  the  decrees  and  orders 
of  the  court ;  but  he  also  in  many  cases  acted  as  the  col- 
lector of  taxes,  and  as  the  treasurer,  who  held  the  proceeds 
of  the  taxes  when  collected,  and  in  addition  to  these  duties 
he  presided  over  the  election  of  the  representatives  to  the 
legislature.  The  Sheriff  was  appointed  by  the  governor 
upon  the  recommendation  of  the  county  court. 

Town  and  County  Systems  Contrasted. — From  this 
outline  of  the  local  governmental  arrangements  in  Virginia 
we  find  that  the  governing  power  was  not  vested  in  the  peo- 
ple, but  was  in  the  hands  of  a  comparatively  liriiited  number 
of  the  citizens.  As  indicated  by  the  words  of  Jefferson,  al- 
ready quoted,  such  a  government  will,  no  doubt,  be  benefi- 
cial, economical  and  efficient,  as  long  as  the  persons  in  con- 
trol are  actuated  by  proper  motives  and  in  the  discharge  of 
their  duties  consider  the  welfare  of  the  community,  and  not 
their  own  private  and  personal  ends. 

In  contrasting  the  two  systems  of  local  government  pre- 
vailing in  New  England  and  in  Virginia,  two  points  of  dif- 
ference may  be  noticed.  In  New  England,  under  the  town- 
ship system  we  find  that  practically  every  public  officer  hav- 
ing any  governmental  duties  to  perform  was  chosen  directly 
by  the  people,  and  that  in  Virginia  the  most  important  of 


142  STATE  GOVERNMENT 

these  officers  were  nominally  appointed  by  the  Governor, 
but  in  reality  were  appointed  by  their  associates  in  office, 
thus  creating  a  governing  aristocracy,  which  is  repugnant 
to  a  democracy.  We  also  notice  that  in  New  England  the 
entire  management  of  local  affairs  was  in  the  hands  of  the 
inhabitants  of  the  respective  communities,  while  in  Virginia 
the  only  local  affairs  which  were  even  theoretically  under  the 
control  of  the  people  were  those  pertaining  to  the  parish, 
which  concerned  solely  the  support  of  the  church  and  the 
maintenance  of  the  almshouses,  all  other  local  affairs  being 
controlled  by  the  county  officers. 

It  has  been  said  that  the  New  England  system  is  the  one 
most  likely  to  cultivate  in  the  minds  of  the  people  a  thor- 
ough knowledge  of  the  duties  of  citizenship  and  to  develop 
in  them  a  sense  of  individual  responsibility  for  the  proper 
management  of  public  affairs,  while  the  Virginia  system, 
tending,  as  it  does,  to  divide  the  population  into  classes  and 
to  restrict  the  management  of  governmental  affairs  to  a 
few,  was  more  likely  to  develop  qualities  of  leadership  in 
members  of  the  governing  class.* 

*Fiske's  Civil  Government,  page  66. 


CHAPTER  XVI. 

THE  CONSTITUTIONS  OF  1818  AND  1848. 

The  Enabling  Act. —  Reference  has  been  made  in  a 
preceding  chapter  to  the  Act  of  Congress  passed  on  April 
18,1818,  enabling  the  people  of  the  State  of  Illinois  to  form 
a  State  constitution,  and  as  the  provisions  of  this  law  have 
an  important  bearing  upon  the  political  institutions  of  the 
State,  it  is  well  to  consider  it  somewhat  in  detail.*  The 
object  of  this  act  was  to  set  forth  the  conditions  under  which 
the  inhabitants  of  the  Territory  of  Illinois  would  be  allowed 
to  form  a  State  government. 

It  fixed  the  boundaries  of  the  State  as  they  are  at  the 
present  time  and  provided  that  Illinois  and  Indiana  should 
have  concurrent  jurisdiction  over  that  portion  of  the  Wa- 
bash River  which  forms  a  boundary  line  between  the  States, 
and  that  Illinois  should  have  concurrent  jurisdiction  on  the 
Mississippi  River  with  any  State  or  States  west  of  the  river, 
so  far  as  the  river  should  be  the  common  boundary  to  both. 

At  this  time  Illinois  was  divided  into  fifteen  counties.  The 
enabling  act  recognized  these  counties  as  the  units  for  de- 
termining the  number  of  representatives  of  each  locality  in 
the  convention  to  be  called  for  the  purpose  of  framing  a 
State  constitution,  and  directed  that  the  constitutional  con- 
vention should  meet  at  the  seat  of  government,  which  was 
Kaskaskia,  on  the  first  Monday  of  the  ensuing  August. 

•For  text  of  Act  see  Appendix  B. 

(143) 


144  STATE  GOVERNMENT 

Congress  did  not  suggest  what  the  provisions  of  this  con- 
stitution should  be,  except  that  it  must  be  republican  in  form 
and  not  repugnant  to  the  Ordinance  of  1787,  the  importance 
of  which  in  prohibiting  slavery  in  the  Territory  has  already 
been  noticed. 

Four  Propositions.  —  The  enabling  act  also  formulated 
four  propositions  to  be  submitted  to  the  convention,  which, 
if  accepted  by  the  convention,  should  thereafter  constitute  a 
contract  between  the  United  States  and  the  State  of  Illinois 
and  be  obligatory  upon  both.  Two  of  these  proposition 
have  been  of  great  value  to  the  citizens  of  Illinois,  because 
they  furnished  the  foundation  of  the  common-school  system 
of  the  State  and  were  in  substance  as  follows  •. 

That  the  section  numbered  sixteen  in  every  township 
should  be  granted  to  the  State  for  the  use  of  the  inhabitants 
of  such  township  for  the  support  of  schools,  by  the  accept- 
ance of  which  the  people  of  every  township  in  the  State  were 
from  the  beginning  provided  with  the  means  of  establishing 
a  system  of  common  schools,  and  that  one  entire  township 
consisting  of  thirty-six  sections,  or  square  miles  of  land,  to 
be  designated  by  the  President,  should  be  reserved  for  the 
use  of  a  seminary  of  learning.* 

A  third  proposition  provided  that  five  per  cent  of  the  pro- 
ceeds of  the  sales  of  public  lands  after  January  i,  1819, 
should  be  reserved  for  the  following  purposes — viz :  Two 
fifths  to  be  disbursed  under  the  direction  of  Congress  in 
making  roads  leading  to"  the  State,  and  the  remaining  three 
fifths  to  be  appropriated  by  the  legislature  for  the  encour-  / 
agement  of  learning,  of  which  one  sixth  should  be  bestowed 
exclusively  on  a  college  or  university. 

♦It  is  assumed  that  the  pupil,  in  connection  with  the  study  of  arithmetic, 
has  been  made  familiar  with  the  system  of  land  surveys  in  use  in  the  State 
of  niinois.    For  this  reason  no  explanation  of  the  terms  is  given. 


THE  CONSTITUTIONS  OF  1818  AND  1848  145 

The  remaining  proposition  required  that  all  salt  springs 
within  the  State  and  the  land  reserved  for  the  use  of  the 
same  should  be  granted  to  the  State  and  remain  under  the 
control  of  the  legislature.  At  the  present  time,  it  seems 
strange  that  so  much  importance  should  have  been  attached 
by  Congress  to  the  protection  of  the  salt  springs,  but  it 
must  not  be  forgotten  that  salt  is  an  article  of  prime 
necessity,  without  which  men  and  domestic  animals  cannot 
exist,  and  that  iji  pioneer  communities  it  was  not  so  easily 
obtained  as  at  the  present  time.* 

By  these  propositions,  all  of  which  were  accepted,** 
we  see  the  forethought  of  Congress  in  providing  for  the 
social  and  material  welfare  of  the  new  State,  which  no  one 
dreamed  would  become  the  third  in  the  Union  in  point  of 
population  within  the  lifetime  of  persons  then  Hving. 

The  First  State  Government. — ^The  constitution  of 
1818,  which  was  adopted  at  Kaskaskia  on  August  26  of 
that  year,  complied  with  the  requirements  of  the  enabling 
act.  It  established  a  republican  form  of  government,  and 
expressly  declared  that  all  power  is  inherent  in  the  people, 
and  all  free  governments  are  founded  on  their  authority 
and  instituted  for  their  peace,  safety  and  happiness.  It 
recognized  the  ordinance  of  1787  by  providing  that  neither 
slavery  nor  involuntary  servitude  should  thereafter  be 
introduced  into  the  State  otherwise  than  for  the  punish- 
ment of  crimes,  and  by  other  specific  provisions  prohibit- 
ing the  slavery  of  negroes  and  mulattoes  in  the  State. 

Following  the  model  of  the  Constitution  of  the  United 
States  and  the  constitutions  of  the  older  States,  the  pow- 
ers of  the  government  of  the  State  of  IlHnois  were  divided 


♦See  Moses'  History  of  Illinois,  which  contains  much  interesting  informa- 
tion on  this  subject.  Chapter  XIX. 

♦*For  text  of  Ordinance  accepting  enabling  act,  see  Appendix  C 


146  STATE   GOVERNMENT 

into  three  distinct  departments — legislative,  executive  and 
judicial — and  each  department  was  forbidden  to  exercise 
powers  belonging  to  the  others.  The  legislative  power 
was  vested  in  a  general  assembly  consisting  of  a  senate 
and  house  of  representatives  to  be  elected  by  the  people ; 
the  executive  power  was  vested  in  a  governor ;  and  the 
judicial  power  in  a  supreme  court,  composed  of  a  chief  jus- 
tice and  three  associates,  with  such  inferior  courts  as  the 
legislature  should,  from  time  to  time,  estabHsh. 

The  constitution  of  1818  was  the  supreme  law  of  the 
State  until  it  was  supisrseded  by  the  constitution  of  1848, 
which  in  turn  gave  place  to  that  of  1870;  therefore,  it  is 
not  necessary  to  consume  further  space  in  considering  its 
features,  except  to  notice  the  provisions  made  for  local 
government. 

The  County  System  Adopted.— It  made  no  mention 
whatever  of  cities  or  other  municipalities ;  but,  recognizing 
the  county  as  the  unit  for  local  government,  it  provided 
that  in  each  county  there  should  be  elected  three  county 
commissioners  to  transact  all  county  business,  whose  pow- 
ers and  duties  should  be  regulated  and  defined  by  law. 
Another  paragraph  specified  that  a  competent  number  of 
justices  of  the  peace  should  be  appointed  in  each  county 
in  such  manner  as  the  general  assembly  might  direct. 

These  are  the  only  provisions  of  the  constitution  of  1818 
affecting  the  question  of  local  government,  but  it  is  impor- 
tant to  note  them,  because  they  formed  the  basis  for  repro- 
ducing in  Illinois  the  Virginia  system,  by  which  the  county 
was  the  principal  agency  in  the  regulation  of  local  affairs. 
The  Board  of  County  Commissioners,  which  was  given  the 
entire  management  of  county  affairs,  corresponded  with 
the  Virginia  County  Court,  except  in  two  particulars — they 
were  elected  by  the  people  and  exercised  no  judicial  func- 


THE  CONSTITUTIONS  OF  1818  AND  1848  147 

tions.  The  county  court  in  Illinois  has  always  been  a 
separate  and  distinct  tribunal,  exercising  judicial  powers 
alone  and  not  charged  with  the  duty  of  administering  pub- 
lic affairs,  as  was  the  county  court  of  Virginia. 

Without  going  further  into  the  details  of  the  government 
under  the  constitution  of  1818,  it  may  be  stated  broadly 
that  the  Southern  system  of  local  government  was  in  the 
ascendency,  and  there  were  but  few  evidences  that  the  local 
institutions  of  New  England  and  the  Middle  States  would 
ever  be  the  choice  of  the  greater  portion  of  the  inhabitants. 
This  condition  was  due  to  the  fact  that  immigration  to 
Illinois  up  to  this  time  had  been  largely  from  Virginia,  the 
Carolinas  and  Kentucky. 

Beginnings  of  the  Township — "But  even  at  this  time 
there  had  been  planted  in  Illinois  and  throughout  the  en- 
tire West  a  germ  capable,  under  right  conditions,  of  devel- 
oping a  highly  organized  township  system."*  Mention  has 
already  been  made  of  the  system  of  land  surveys  in  use 
in  Illinois  and  other  VVestern  States,  by  which  the  public 
domain  was  divided  into  tracts  containing  thirty-six  square 
miles,  called  toiunships,  in  imitation  of  the  New  England 
name,  solely  for  the  purpose  of  convenience  in  describing 
and  conveying  real  estate.  This  system  was  established  by 
an  ordinance  enacted  by  the  Continental  Congress  in  1785 
upon  the  recommendation  of  a  committee  of  which  Thomas 
Jefferson  was  chairman,  and  it  is  interesting  to  note  that 
so  distinguished  a  Virginian  as  Thomas.  Jefferson  should 
have  been  instrumental  in  introducing  into  the  govern- 
ment of  the  Northwest  Territory  an  element  destined  to 
supplant  in  local  matters  the  institutions  of  his  own  State. 
And  yet  it  may  have  been  done  advisedly,  for  the  writings 


•Shaw's  Local  Government  in  Ulinois,  Johns  Hopkins  University  Studies 
in  Historical  and  Political  Science,  Vol.  I. 


148  STATE  GOVERNMENT 

of  Jefferson  disclose  that  he  was  a  great  admirer  of  the 
township  system,  recognized  its  advantages  over  the  parish 
and  county  system  of  Virginia,  and  freely  admitted  its 
superiority  as  an  example  of  a  pure  democracy. 

The  next  step  in  the  development  of  this  germ  was  the 
proposition  of  the  enabling  act  accepted  by  the  people  of 
the  State,  whereby  one  section  in  each  township  was  set 
apart  for  school  purposes,  and  the  subsequent  enactment 
of  laws  needed  for  the  proper  administration  of  school 
affairs,  by  which  the  township  was  made  a  body  corporate 
for  school  purposes  and  provision  was  made  for  the  elec- 
tion of  school  officers  by  the  people.  In  this  way  local 
government  under  the  township  system  commenced  in 
Illinois  and  in  a  short  time  the  township  lines  formed  the 
boundaries  of  districts  created  for  other  governmental  pur- 
poses, such  as  elections,  constructing  roads  and  caring  for 
the  poor,  and  "as  New  England  township  life  grew  up 
around  the  church,  so  western  localism  finds  its  nucleus  in 
the  school  system."* 

Slavery. — Another  agency  contributing  to  change  the 
character  of  local  government  in  Illinois  was  the  slavery 
question.  Illinois,  having  been  admitted  to  the  Union  as 
a  free  State,  was  no  longer  attractive  territory  to  immigrants 
from  the  South,  and  with  the  admission  of  Missouri  as  a 
slave  State  under  the  Compromise  Bill  of  1820,  this  class 
of  settlers  ceased  locating  in  Illinois,  and  passed  on  to  Mis- 
souri, where  there  were  no  restrictions  upon  the  owning 
of  slaves.  In  the  meantime  the  northern  counties  of  the 
State  began  to  fill  up  with  people  from  New  England  and 
the  Middle  States,  who  had  always  been  accustomed  to  the 
township  system  as  the  basis  of  local  institutions. 

*Sbaw'8  Local  Governpiept  in  Illinois,  page  10, 


THE  CONSTITUTIONS  OF  1818  AND  1848  149 

Rivalry  Between  Town  and  County — Hence  a  rivalry 
arose  between  the  northern  and  southern  ideas  which 
caused  considerable  strife  and  bitterness  of  feeling  with 
reference  to  legislative  acts  and  local  matters,  but  all  of 
the  time  the  northern  idea  was  becoming  more  and  more 
dominant. 

It  is  not  necessary  to  trace  the  history  of  the  develop- 
ment of  local  government  in  Illinois  during  the  thirty  years 
between  1818  and  1848,  but  it  is  undoubtedly  true  that  the 
struggle  for  supremacy  between  the  two  systems  repre- 
sented respectively  by  the  county  and  township  plans  of 
local  government  was  the  prime  cause  which  led  to  the 
adoption  of  a  new  and  revised  constitution  in  1848,  by 
which  the  rivalry  between  the  two  classes  of  inhabitants 
was  settled  in  a  satisfactory  and  harmonious  manner. 

The  Compromise. — This  constitution  directed  that  the 
general  assembly  should  provide  by  a  general  law  for  town- 
ship organization,  under  which  any  county  might  organize 
whenever  a  majority  of  the  voters  of  such  county  at  any 
general  election  should  so  determine,  and  further,  that 
whenever  any  county  should  adopt  a  township  organiza- 
tion, the  power  of  the  county  court  over  the  fiscal  affairs 
of  the  county  should  cease. 

By  this  happy  application  of  the  familiar  principles  of 
local  option,  the  controversy  between  the  two  rival  theo- 
ries of  local  government  was  largely  settled  and  the  sec- 
tional feeling  over  the  question  was  practically  ended. 
Immediately  after  the  adoption  of  the  constitution  of  1848, 
the  northern  counties  of  the  state  proceeded  to  organize 
their  local  government  upon  the  township  plan,  while  the 
southern  counties  adhered  to  the  county  system  to  which 
they  had  been  accustomed.  In  this  way  the  sectional  feel- 
ing upon  the  subject  was  allayed  and  the  inhabitants  of  the 


150  STATE  GOVERNMENT 

different  localities  were  satisfied,  because  they  were 
allowed  to  conduct  their  public  affairs  in  the  manner  in 
which  the  majority  preferred. 

As  the  years  have  passed  the  vitality  of  the  township 
system  has  been  shown  and  its  advantages  for  purposes  of 
local  government  have  been  demonstrated  by  the  fact  that 
it  has  gradually  taken  the  place  of  the  county  system  in 
nearly  all  of  the  counties  of  the  State.  At  the  present  time 
there  are  one  hundred  and  two  counties  in  Illinois,  and  of 
these  only  nineteen*  still  cling  to  the  county  system  of 
government,  thus  showing  that  the  township  is  likely  to  be 
preferred  as  an  agency  for  local  government  in  most  cases. 

Under  the  constitution  of  1848,  the  general  framework 
of  the  State  government  remained  the  same  as  under  the 
constitution  of  1818,  although  many  new  provisions  were 
added,  which  had  been  rendered  necessary  on  account  of 
the  changed  conditions  existing  in  the  State,  due  to  the 
large  increase  in  wealth  and  population.  The  judicial 
department  in  particular  was  the  subject  of  new  enact- 
ments, and  provision  was  made  for  the  creation  of  inferior 
courts,  instead  of  leaving  their  formation  entirely  to  the 
legislature,  as  had  been  the  case  under  the  constitution  of 
1818. 


♦These  counties  are  Alexander,  Calhoun,  Cass,  Edwards,  Hardin,  Hender- 
son, Johnson,  Massac,  Menard,  Monroe,  Morgan,  Perry,  Pope,  Pulaski,  Ran- 
dolph. Ssott,  Union,  Wabash  and  Williamson. 


CHAPTER  XVII. 
STATE  GOVERNMENT  OF  ILLINOIS. 

We  come  now  to  study  the  government  of  the  State  of 
Illinois  as  it  exists  to-day  under  the  constitution  of  1870. 
This  constitution  was  adopted  on  May  13,  1870,  by  a  con- 
vention composed  of  delegates  chosen  by  the  people,  which 
met  at  the  capitol  building  in  Springfield.  It  was  ratified  by 
a  vote  of  the  people  on  July  2,  1870,  and  went  into  effect 
on  August  8,  1870. 

The  States  are  forbidden  by  the  constitution  of  the 
United  States  to  exercise  any  of  the  powers  which  have 
been  given  exclusively  to  the  Federal  Government,  as 
those  powers  are  such  as  affect  all  of  the  States,  and  there- 
fore could  not  be  exercised  by  the  States  separately  with 
any  degree  of  uniformity  or  harmony.  It  would  cause  a 
vast  amount  of  confusion  and  trouble  if  each  of  the  forty- 
five  States  of  the  Union  had  the  right  to  exercise  such 
national  prerogatives  as  coining  money,  imposing  customs 
duties,  regulating  patents  and  copyrights,  making  treaties 
with  foreign  nations  or  maintaining  a  military  and  naval 
establishment. 

For  this  reason  the  Constitution  has  prohibited  the 
States  from  exercising  any  of  the  powers  of  the  national 
government,  and  in  furtherance  of  the  same  purpose  has 
expressly  and  specifically  provided  that  no  State  shall  at- 
tempt to  do  any  of  these  things.  With  these  restrictions 
the  State  government  of  Illinois  can  do  almost  anything 

(151) 


152  STATE   GOVERNMENT 

that  its  own  constitution  and  the  acts  of  its  own  legislature 
permit. 

Scope  of  State  Government. —  To  show  the  vast  range 
of  subjects  which  are  under  the  control  of  the  State  gov- 
ernment, the  following  words  of  a  learned  writer  upon  the 
subject  are  quoted  in  full : 

"All  the  civil  and  religious  rights  of  our  citizens  depend 
upon  State  legislation ;  the  education  of  the  people  is  in 
the  care  of  the  States ;  with  them  rests  the  regulation  of  the 
suffrage ;  they  prescribe  the  rules  of  marriage,  the  legal 
relations  of  husband  and  wife,  of  parent  and  child ;  they 
determine  the  powers  of  masters  over  servants  and  the 
whole  law  of  principal  and  agent,  which  is  so  vital  a  matter 
in  all  business  transactions ;  they  regulate  partnership, 
debt,  credit  and  insurance ;  they  constitute  all  corporations, 
both  private  and  municipal,  except  such  as  specially 
fulfill  the  financial  or  other  specific  functions  of  the  Fed- 
eral Government ;  they  control  possession,  distribution  and 
use  of  property,  the  exercise  of  all  trades  and  all  contract 
relations ;  and  they  formulate  and  administer  all  criminal 
law,  except  only  that  which  concerns  crimes  committed 
against  the  United  States,  on  the  high  seas  or  against  the 
law  of  nations.  Space  would  fail  in  which  to  enumerate 
the  particulars  of  this  vast  range  of  power;  to  detail  its 
parts  would  be  to  catalogue  all  social  and  business  relation- 
ships, to  examine  all  the  foundations  of  law  and  .order."* 

We  shall  now  present  an  outline  of  the  general  structure 
of  the  State  government  of  IlHnois,  and  show  how  its 
legislative,  executive  and  judicial  departments  are  consti- 
tuted, and  the  powers  of  each,  but  some  of  the  provisions 
of  the  constitution,  such  as  those  relating  to  revenue,  edu- 

♦Woodrow  Wilson,  The  State. 


STATE  GOVERNMENT   OF   ILLINOIS  158 

cation,  suffrage  and  other  matters,  will  be  considered  in 
subsequent  chapters. 

THE   LEGISLATIVE   DEPARTMENT. 

The  legislative  power  of  the  State  is  vested  in  a  general 
assembly,  consisting  of  a  senate  and  house  of  representa- 
tives, both  of  which  are  elected  by  the  people.  A  senator 
must  be  at  least  twenty-five  years  of  age,  but  a  person  may 
be  elected  a  representative  at  the  age  of  twenty-one.  A 
candidate  for  either  of  these  positions  must  be  a  citizen  of 
the  United  States,  and  must  have  been  for  five  years  a  resi- 
dent of  this  State  and  for  two  years  preceding  his  election  a 
resident  of  the  district  from  which  he  is  chosen.  No  person 
holding  any  lucrative  office  under  the  United  States  or  this 
State  can  be  either  senator  or  representative.  No  person 
convicted  of  bribery,  perjury  or  other  infamous  crime,  or 
any  officer  who  has  failed  to  account  for  public  money 
entrusted  to  his  care,  can  fill  these  positions  or  any  other 
office  in  this  State.  Members  of  the  general  assembly 
before  entering  upon  their  official  duties  are  required  to 
take  a  solemn  oath  of  office,  and  any  member  who  violates 
this  oath  must  forfeit  his  office  and  be  thereafter  disquaH- 
fied  from  holding  any  office  of  trust  or  profit  in  this  State. 

Senators  and  Representatives. — To  determine  the 
number  of  senators  and  representatives,  the  constitution 
provides  that  the  State  shall  be  divided  into  fifty-one  sena- 
torial districts,  each  of  which  shall  elect  one  senator,  w^hose 
term  of  office  shall  be  four  years.  The  senators  elected 
in  the  year  1872  in  districts  having  odd  numbers  held  their 
offices  for  two  years  only,  while  those  elected  from  dis- 
tricts having  even  numbers  held  their  offices  for  four  years, 
and  elections  of  senators  are  held  every  two  years,  in  either 


154  STATE  GOVERNMENT 

the  odd  or  even  numbered  districts.  By  this  device  the 
senate  is  never  composed  entirely  of  new  and  inexperi- 
enced members. 

Minority  Representation.— The  house  of  representa- 
tives consists  of  three  times  as  many  members  as  the  sen- 
ate. Three  members  are  elected  from  each  senatorial 
district  for  a  term  of  two  years.  In  elections  of  repre- 
sentatives each  voter  may  cast  as  many  votes  for  any  one 
candidate  as  there  are  representatives  to  be  elected,  or  he 
may  distribute  his  vote,  or  equal  parts  thereof,  among  the 
candidates  as  he  shall  see  fit. 

The  operation  of  this  rule  will  be  readily  comprehended 
when  it  is  applied  to  a  particular  case.  Thus  at  every  state 
election  three  representatives  must  be  elected  from  each 
senatorial  district.  The  voter  may  cast  three  votes  for 
one  candidate,  or  one  and  one-half  votes  for  each  of  two 
candidates,  or  one  vote  for  each  of  three  candidates.  The 
effect  of  this  provision  is  to  give  to  the  political  party 
which  happens  to  be  in  the  minority  in  any  particular  dis- 
trict the  power  of  electing  one  of  its  candidates. 

Legislative  Sessions.  —  The  regular  sessions  of  the 
general  assembly  must  commence  at  12  o'clock  noon  on 
the  Wednesday  next  after  the  first  Monday  in  January,  in 
the  year  next  ensuing  the  election  of  members  thereof ; 
that  is  to  say,  an  election  of  senators  and  representatives 
takes  place  every  second  year  in  the  month  of  November 
and  the  regular  session  of  the  general  assembly  com- 
mences in  the  following  January.  The  constitution  forbids 
the  holding  of  sessions  of  the  general  assembly  at  any 
other  time,  except  in  cases  where  a  special  session  is  con- 
vened by  the  governor,  who  has  the  right  to  exercise  that 
power  on  extraordinary  occasions. 

The  presiding  officer  of  the  house  of  representatives. 


STATE  GOVERNMENT   OF   ILLINOIS  155 

called  the  Speaker,  is  elected  by  the  members  of  the  house, 
but  the  lieutenant-governor,  who  is  elected  by  the  people, 
presides  over  the  sessions  of  the  senate. 

Special  Legislation  Forbidden.  —  The  constitution 
imposes  some  restrictions  upon  the  power  of  the  legisla- 
ture to  enact  laws,  without  which  there  would  be  no  limit 
to  the  scope  or  variety  of  legislation.  It  is  unlawful  for 
the  legislature  to  pass  special  or  local  laws ;  that  is,  laws 
whose  application  is  limited  to  particular  persons  or  classes 
of  persons,  or  to  particular  sections  of  the  State,  upon 
quite  a  variety  of  subjects,  such  as  changing  the  names 
of  persons  and  places,  locating  or  changing  county  seats, 
laying  out  roads,  regulating  covmty  and  township  aflfairs, 
incorporating  cities,  towns  and  villages,  providing  for  the 
management  of  common  schools  or  regulating  the  rate 
of  interest  on  money.  The  effect  of  this  prohibition  upon 
the  legislature  is  to  render  all  laws  uniform  throughout  the 
State,  so  that,  for  example,  the  legal  rate  of  interest  must 
be  the  same  for  the  citizen  of  Chicago  as  for  the  inhab- 
itant of  Bloomington  or  Cairo. 

Impeachment. —  The  provisions  of  the  constitution  of 
Illinois  upon  the  subject  of  impeachment  are  similar  to  those 
of  the  Federal  Constitution.*  The  house  of  representa- 
tives has  the  sole  power  of  impeachment,  and  all  impeach- 
ments must  be  tried  by  the  senate,  which  acts  in  a  judicial 
capacity  in  such  cases.  When  the  governor  of  the  State  is 
tried,  the  chief  justice  presides  and  two  thirds  of  the  sena- 
tors must  concur  in  order  to  secure  a  conviction.  In  case  of 
conviction,  the  punishment  is  removal  from  office  and  dis- 
qualification from  holding  any  office  of  honor,  profit  or 
trust  under  the  government  of  this  State. 

•See  page  75. 


156  STATE   GOVERNMENT 

THE    EXECUTIVE    DEPARTMENT. 

In  comparing  the  provisions  of  the  constitution  of  Illi- 
nois relating  to  the  executive  department  with  those  of  the 
Federal  Constitution  an  important  difference  should  be 
noted.  Under  the  Constitution  of  the  United  States,  the 
executive  power  is  vested  in  the  President  alone,  and  all 
other  officers  having  executive  duties  to  perform  hold  their 
respective  positions  by  appointment,  while  the  constitution 
of  Illinois  provides  that  the  executive  department  shall  con- 
sist of  a  number  of  officers — viz. :  Governor,  Lieutenant- 
Governor,  Secretary  of  State,  Auditor  of  Public  Accounts. 
Treasurer,  Superintendent  of  Public  Instruction  and  Attor- 
ney General,  all  of  whom  are  elected  for  a  term  of  four 
years,  except  the  Treasurer,  who  serves  for  two  years  only 
and  is  not  eligible  for  election  during  the  succeeding  two 
years. 

It  is,  therefore,  apparent  that  the  governor  is  only  a  part 
of  the  executive  department,  and  that  there  are  other  execu- 
tive officers  deriving  their  powers  from  the  same  source  as 
the  governor — that  is,  from  the  constitution.  "Indeed,  it 
may  be  doubted  whether  the  governor  and  other  principal 
officers  of  a  state  government  can,  even  when  taken  to- 
gether, be  correctly  described  as  'the  executive,'  since  the 
actual  execution  of  the  laws  does  not  rest  with  them,  but 
with  the  local  officers  chosen  by  the  towns  and  counties,  and 
bound  to  the  central  authorities  of  the  State  by  no  real 
bonds  of  responsibility  whatever."* 

Governor.  — A  person  to  be  eligible  for  the  office  of  gov- 
ernor or  lieutenant-governor  must  be  at  least  thirty  years  of 
age  and  must  have  been  for  five  years  next  preceding  his 

♦Woodrow  Wilson,  The  State. 


STATE  GOVERNMENT   OF   ILLINOIS  157 

election  a  citizen  of  the  United  States  and  of  the  State  of 
IlHnois. 

The  powers  and  duties  of  the  governor,  as  established  by 
the  Constitution  of  IlHnois,  may  be  generalized  under  the 
following  heads : 

1.  Certain  Duties  and  Poivers  zvith  Reference  to  the  Legisla- 
ture.— It  is  his  duty,  at  the  beginning  of  each  session  and  at 
the  close  of  his  term  of  oflfice,  to  give  to  the  general  assem- 
bly, by  message,  information  of  the  condition  of  the  State 
and  to  recommend  such  measures  as  he  deems  expedient. 
He  has  the  power  of  convening  the  general  assembly  in 
special  sessions  upon  extraordinary  occasions,  and  in  case 
of  disagreement  between  the  two  houses  to  fix  the  time  to 
which  the  assembly  shall  adjourn. 

2.  The  Power  of  Appointment  and  Removal. — The  governor 
has  the  power  of  nominating  and,  by  and  with  the  advice 
and  consent  of  the  senate,  appointing  all  officers  whose 
appointment  or  election  is  not  otherwise  provided  for.  In 
case  a  vacancy  occurs  in  any  of  the  executive  offices  above 
mentioned,  the  governor  has  the  right  to  fill  the  vacancy  by 
appointment,  until  an  election  can  be  held.  He  also  has  the 
power  of  removing  all  appointive  officers  for  malfeasance 
in  office. 

3.  Pardoning  Power. — He  has  the  power  of  granting  re- 
prieves, conmiutations  and  pardons  after  conviction,  for  all 
ofifenses,  subject  to  such  regulations  as  may  be  provided 
by  law. 

4.  As  Commander-in-Chief . — He  is  commander-in-chief  of 
the  military  and  naval  forces  of  the  State,  except  when  they 
shall  be  called  into  the  service  of  the  United  States,  and  may 
call  out  these  forces  to  aid  in  executing  the  laws,  suppress- 
ing insurrection  and  repelling  invasion. 

5.  The  Power  of  Veto, — Every  bill  passed  by  the  legisla- 


158  STATE   GOVERNMENT 

ture  must  be  submitted  to  the  governor  before  it  becomes 
a  law.  If  he  approves  the  enactment,  he  signs  it,  and 
thereupon  it  becomes  a  law;  if  he  does  not  approve,  he 
returns  the  bill  to  the  house  from  which  it  originated, 
together  with  his  objections.  This  act  of  the  governor  is 
termed  vetoing  the  bill.*  If  the  bill  again  passes  both  houses 
of  the  general  assembly  by  a  two  thirds  vote  in  each  house, 
it  becomes  a  law,  notwithstanding  the  governor's  veto. 
Any  bill  not  returned  by  the  governor  within  ter  days  after 
it  has  been  submitted  to  him  becomes  a  law  in  like  manner 
as  if  he  had  signed  it.  In  case  he  is  prevented  from  return- 
ing the  bill  by  the  adjournment  of  the  legislature,  within 
ten  days  after  the  bill  has  been  presented  to  him,  he  may 
exercise  his  right  of  veto  by  filing  the  bill,  with  his  objec- 
tions to  it,  in  the  oflfice  of  the  secretary  of  state. 

In  case  of  death,  conviction  on  impeachment,  failure  to 
qualify,  resignation,  absence  from  the  State,  or  other  disa- 
bility of  the  governor,  the  powers,  duties  and  emoluments  of 
the  office  for  the  residue  of  the  term,  or  until  the  disability 
is  removed,  devolve  upon  the  lieutenant-governor. 

Other  State  Officers. —  Lieutenant-Governor. — The  lieu- 
tenant-governor is  president  of  the  senate,  but  he  has 
the  right  to  vote  only  when  the  senate  is  equally  divided 
upon  a  question.  The  senate  is  required  to  choose  a  presi- 
dent pro  tempore  to  preside  in  case  of  the  absence  or  im- 
peachment of  the  lieutenant-governor,  or  when  he  holds 
the  office  of  governor. 

If  there  be  no  lieutenant-governor,  or  if  the  lieutenant- 
governor  becomes  incapable  of  performing  the  duties  of  the 
office,  the  president  of  the  senate  acts  as  governor  until  the 
vacancy  is  filled  or  the  disability  removed ;  and  if  the  presi- 

•The  word  veto  was  originally  a  Latin  verb,   meaning   "I  forbid." 


STATE  GOVERNMENT   OF   ILLINOIS  159 

dent  of  the  senate  becomes  incapable  of  performing  the 
duties  of  the  governor,  the  same  devolve  upon  the  speaker 
of  the  house  of  representatives. 

Secretary  of  State. — The  secretary  of  state  is  the  official, 
custodian  of  the  books,  papers,  records  and  great  seal  of 
the  State  of  Illinois.  The  title -of  his  office  more  accurately 
describes  his  duties  than  is  the  case  with  the  Secretary  of 
State  of  the  United  States,  who  is  a  minister  of  foreign  af- 
fairs. The  secretary  of  state  of  the  State  of  Illinois  per- 
forms the  duties  which  are  usually  imposed  upon  the  secre- 
tary of  any  great  establishment,  and  acts  in  the  same  capac- 
ity for  the  sovereign  State  of  Illinois  as  he  would  if  secre- 
tary of  a  large  private  corporation. 

All  public  acts,  laws  and  resolutions  passed  by  the  general 
assembly  must  be  deposited  in  his  office,  and  he  is  charged 
with  the  safekeeping  of  all  documents  deposited  with  him. 
It  is  his  duty  to  keep  a  record  of  the  official  acts  of  the  gov- 
ernor ;  to  countersign  and  to  affix  the  seal  of  the  State  to 
all  commissions  issued  by  the  governor ;  to  furnish,  upon 
request  and  payment  of  the  lawful  fees  therefor,  a  copy  of 
any  of  the  records  in  his  office ;  to  take  charge  of  and  care 
for  the  grounds  and  buildings  situated  in  the  city  of  Spring- 
field belonging  to  or  occupied  by  the  State,  as  well  as  all  of 
its  personal  property ;  to  furnish  to  the  public  printer  the 
necessary  information  for  printing  public  records ;  and  to 
supervise  the  distribution  of  the  laws  and  journals  of  the 
general  assembly. 

Auditor. — The  Auditor  of  Public  Accounts  is  the  official 
bookkeeper  of  the  State  of  Illinois.  It  is  his  diity  to  keep 
the  accounts  of  the  State  with  any  other  State  or  Territory 
and  with  the  United  States,  with  all  public  officers,  corpo- 
rations and  individuals  having  dealings  with  the  State,  and 
to  audit  all  accounts  of  public  officers  who  are  paid  out  of 


160  STATE   GOVERNMENT 

the  State  treasury,  of  the  members  of  the  legislature  and 
all  persons  authorized  to  receive  moneys  from  the  State 
treasury.  He  also  has  many  other  duties  to  perform 
under  various  statutes  of  the  State,  such  as  the  examina- 
tion of  the  books  and  accounts  of  building  and  loan  asso- 
ciations and  of  banks  incorporated  under  the  laws  of  the 
State. 

Treasurer. — The  Treasurer,  as  is  indicated  by  the  title  of 
his  office,  must  receive  and  keep  all  moneys  belonging  to 
the  State  of  Illinois.  This  is  an  office  of  great  pecuniary 
responsibility,  and,  therefore,  to  secure  the  faithful  dis- 
charge of  his  duties,  the  Treasurer  is  obliged  to  give  a 
bond  to  the  people  of  the  State  in  the  sum  of  $500,000,  and 
is  also  required  to  furnish  additional  bonds  whenever  the 
governor  shall  deem  it  necessary. 

The  treasurer  must  receive  all  public  moneys  of  the  State 
and  safely  keep  the  same.  Any  person  paying  money  into 
the  State  treasury  must  first  obtain  from  the  auditor  an 
order  directing  the  treasurer  to  receive  the  money,  and  if 
the  treasurer  should  receive  and  receipt  for  any  money 
without  such  an  order  being  presented  to  him,  he  would  be 
liable  to  removal  from  office.  He  can  pay  money  out  of 
the  treasury  only  upon  the  warrant  of  the  auditor,  and  he 
is  required  to  keep  accurate  accounts  of  all  moneys  received 
and  paid  out  by  him  and  to  report  the  same  each  month  to 
the  auditor. 

Attorney-General. — The  Attorney-General  is  the  chief  law 
officer  of  the  State  government.  It  is  his  duty,  as  prose- 
cuting officer,  to  represent  the  people  of  the  State  in  all 
cases  in  which  they  are  interested,  and  also  to  protect 
State  officers  in  suits  brought  against  them  in  their  official 
capacity.  He  is  the  legal  adviser  of  the  governor  and 
Other  State  officers,  and  is  required,  when  requested  by 


STATE   GOVERNMENT   OF   ILLINOIS  161 

them,  to  give  written  opinions  upon  all  legal  and  constitu- 
tional questions  relating  to  their  duties,  and  to  prepare  all 
documents  incidental  to  the  business  of  the-  State.  He  is 
the  legal  adviser  of  both  branches  of  the  general  assembly, 
and  it  is  his  duty  to  enforce  the  proper  application  of  the 
funds  appropriated  for  the  support  of  the  public  institu- 
tions, such  as  schools  and  asylums,  and  to  prosecute  all 
persons  who  may  be  guilty  of  any  breach  of  trust  in  the 
management  of  such  funds. 

THE  JUDICIAL   DEPARTMENT. 

The  constitution  of  1870  made  greater  changes  in  the 
structure  of  the  judicial  department  as  it  existed  under  the 
constitution  of  1848  than  in  any  of  the  other  departments 
of  the  State  government.  Your  attention  has  already 
been  called  to  the  fact  that  inferior  courts  were  not  cre- 
ated by  the  former  constitutions  of  the  State,  but  de- 
pended for  their  existence  upon  acts  of  the  legislature. 
Under  the  constitution  of  1870  the  judicial  powers  of  the 
State  are  vested  in  one  Supreme  Court,  Circuit  Courts, 
County  Courts,  Justices  of  the  Peace,  Police  Magistrates, 
and  such  other  courts  as  may  be  created  by  law  in  axid  for 
cities  and  incorporated  towns. 

Supreme  Court. —  The  Supreme  Court  consists  of  seven 
judges,  who  have  original  jurisdiction  in  cases  relating  to 
the  revenue,  mandamus^  and  habeas  corpus*"^,  and  appel- 
late jurisdiction  in  all  other  cases.  One  of  the  judges 
is  the  Chief  Justice  and  presides  at  the  sessions  of  the 
court.     The  others  are  called  Justices,  and  serve  in  turn 


•The  word  mandamus  was  originally  a  Latin  verb,  meaning  "we  command." 
In  law  it  is  used  to  designate  a  writ  or  order  issued  by  a  superior  court, 
directing  an  inferior  court  or  a  public  officer  to  perform  some  specific  duty. 

**For  an  explanation  of  this  term  see  Chapter  XXIV. 


163  STATE  GOVERNMENT 

as  Chief  Justice.  A  person,  to  be  elected  to  the  office  of 
judge  of  the  supreme  court,  must  be  at  least  thirty  years  of 
age  and  a  citizen  of  the  United  States,  and  must  have  re- 
sided in  this  State  five  years  next  preceding  his  election, 
and  be  a  resident  of  the  district  from  which  he  is  elected. 
For  the  election  of  judges  of  the  supreme  court  the  State 
is  divided  into  seven  districts,  each  of  which  is  composed  of 
a  number  of  counties.  The  terms  of  the  supreme  court 
are  held  at  the  capitol  building  in  the  city  of  Springfield,  on 
the  first  Tuesday  in  October,  December,  February,  April 
and  June  in  each  year. 

Appellate  Courts. —  The  constitution  provides  that  after 
the  year  1874  inferior  appellate  courts  may  be  created  in 
districts  formed  for  that  purpose,  to  which  appeals  may 
be  taken  from  the  inferior  courts,  and  from  which  appeals 
lie  to  the  supreme  court  in  certain  cases.  Under  this 
authority  the  legislature,  on  June  2,  1877,  enacted  a  law 
establishing  four  appellate  courts  in  this  State  and  divided 
the  State  into  four  districts,  in  each  of  which  an  appellate 
court  is  held.  The  judges  of  this  court  are  selected  by 
the  supreme  court  from  the  judges  of  the  circuit  courts 
of  the  several  districts,  and  in  the  first  district,  which  is 
composed  of  Cook  County  alone,  the  appellate  court 
judges  are  selected  from  both  the  circuit  and  superior 
courts  of  that  county. 

The  appellate  courts  exercise  appellate  jurisdiction  only, 
and  appeals  to  this  court  are  taken  from  the  lov/er 
courts  in  all  cases  except  criminal  cases,  and  cases  involv- 
ing a  franchise  or  a  free-hold  or  the  validity  of  a  statute. 
The  decision  of  the  appellate  court  is  final  in  all  cases 
where  less  than  the  sum  of  $1,000  is  involved,  but  an 
appeal  may  be  taken  from  the  decision  of  the  appellate 
court  to  the  supreme  court  in  all  cases  where  a  greater 


STATE   GOVERNMENT   OF   ILLINOIS  163 

amount  is  involved  and  in  cases  involving  a  less  sum 
wherein  legal  questions  are  involved  of  such  importance 
that  the  judges  of  the  appellate  court  certify  the  same  to 
the  supreme  court  in  order  to  obtain  its  opinion  thereon. 

Circuit  Courts. —  Circuit  courts  have  original  jurisdic- 
tion of  all  civil  cases,  and  also  have  appellate  jurisdiction  of 
cases  arising  before  justices  of  the  peace  and  before  the 
probate  court.  The  State,  exclusive  of  Cook  County  and 
other  counties  having  a  population  of  100,000  inhabitants, 
is  divided  into  judicial  circuits  formed,  as  nearly  as  pos- 
sible, of  contiguous  counties,  but  the  population  of  any 
one  circuit  must  not  exceed  100,000  inhabitants.  One 
judge  is  elected  by  the  people  for  each  of  said  circuits  for  a 
term  of  six  years.  No  person  can  be  elected  to  the  office 
of  judge  of  the  circuit  court  unless  he  is  at  least  twenty-five 
years  of  age,  a  citizen  of  the  United  States  and  a  resident  of 
this  State  for  five  years  next  preceding  his  election,  and  is  a 
resident  of  the  circuit  in  which  he  is  elected. 

The  County  of  Cook  constitutes  one  judicial  circuit,  and 
at  the  time  of  the  adoption  of  the  constitution  of  1870  the 
circuit  court  of  that  county  was  composed  of  five  judges, 
but  their  number  has  been  increased  from  time  to  time, 
as  the  population  has  grown,  so  that  at  the  present  time 
there  are  fourteen  judges  of  the  circuit  court  in  that  county. 

Superior  Court  of  Cook  County. —  The  County  of  Cook 
also  has  another  court  called  the  Superior  Court  of  Cook 
County,  which  has  the  same  jurisdiction  as  the  circuit 
court.  The  existence  of  this  court  is  due  to  the  fact  that, 
prior  to  the  adoption  of  the  constitution  of  1870,  there 
existed  in  the  City  of  Chicago  a  court  known  as  the  Supe- 
rior Court  of  Chicago,  and  the  constitution  provided  that 
this  court  should  be  continued  and  called  the  Superior 
Court  of  Cook  County.     At  the  present  time  there  are 


164  STATE    GOVERNMENT 

twelve  judges  of  the  Superior  Court  of  Cook  County.  The 
number  of  judges  in  both  the  circuit  and  superior  courts 
may  be  increased  by  the  general  assembly  whenever  there 
is  an  addition  of  50,000  inhabitants  to  the  population  of 
the  county,  by  adding  one  judge  to  each  of  the  courts. 

Criminal  Court  of  Cook  County. — The  County  of  Cook 
also  has  a  criminal  court,  in  which  are  tried  all  cases  of 
a  criminal  nature  arising  in  that  county.  In  all  other 
counties,  criminal  cases  are  tried  before  the  circuit  court, 
but  in  the  County  of  Cook,  owing  to  the  large  volume  of 
business,  it  has  been  deemed  wise  to  create  a  separate 
court  for  the  trial  of  criminal  cases  only.  This  court  is 
called  the  Criminal  Court  of  Cook  County,  and  its  terms 
are  held  by  one  or  more  of  the  judges  of  the  circuit  or 
superior  courts  of  Cook  County  as  nearly  as  may  be  in 
alternation.  A  judge  of  the  circuit  or  superior  court,  when 
sitting  in  the  criminal  court,  is  styled  a  Judge  of  the  Crim- 
inal Court  of  Cook  County. 

County  and  Probate  Courts. —  In  each  county  of  the 
State  there  is  a  County  Court,  having  one  judge  only,  whose 
term  of  office  is  four  years.  County  courts  have  jurisdic- 
tion in  all  proceedings  for  the  collection  of  taxes  and 
assessments,  and  in  all  insolvency  matters,  and  such  other 
jurisdiction  as  may  be  provided  for  by  the  laws  of  the 
State.  In  all  counties,  except  Cook,  Peoria  and  LaSalle, 
county  courts  also  have  jurisdiction  in  probate  matters  and 
the  settlement  of  estates  of  deceased  persons,  appointment 
of  guardians  for  minors  and  conservators  for  insane  per- 
sons. 

In  the  County  of  Cook  matters  relating  to  the  settlement 
of  estates  of  decedents  are  adjudicated  in  the  Probate 
Court  of  Cook  County.  This  court  was  created  by  the 
legislature  in  1877  pursuant  to  the  power  given  by  the 


STATE  GOVERNMENT   OF  ILLINOIS  165 

constitution,  which  provided  for  the  estabHshment  of  such 
a  court  in  any  county  having  a  population  of  over  50,000 
inhabitants.  The  judge  of  this  court  is  elected  by  the 
people,  and  his  term  of  office  is  four  years. 

This  concludes  the  list  of  judicial  officers  of  the  State 
of  Illinois,  except  justices  of  the  peace  and  police  magis- 
trates, whose  duties  will  be  described  in  connection  with 
the  study  of  the  county  and  municipal  governments  of  the 
State.  The  constitution  provides  that  all  judicial  officers 
shall  be  commissioned  by  the  governor,  that  all  laws  relat- 
ing to  courts  shall  be  general  and  of  uniform  operation, 
and  that  the  method  of  transacting  the  business  of  the 
courts  shall  be  the  same  in  all  parts  of  the  State. 


CHAPTER  XVIIL 
COUNTY  GOVERNMENT  IN  ILLINOIS. 

County  Government  in  General.— We  have  learned 
something  of  the  county  system  of  government  as  it  was  in- 
troduced in  the  colony  of  Virginia,  and  afterward  brought 
into  Illinois  by  settlers  from  Virginia,  and  have  seen  that, 
like  most  of  our  political  institutions,  it  is  of  English 
origin.  Each  State  of  the  Union  except  Louisiana*  is 
divided  into  counties,  varying  in  size  and  population ;  there- 
fore county  government  is  general  throughout  the  United 
States. 

The  county  is  a  subdivision  and  agency  of  the  State, 
created  for  convenience  in  administering  the  affairs  of  the 
State  government.  It  is  an  institution  of  ancient  origin, 
having  a  history  full  of  interest  to  students  of  civil  afifairs. 
The  county  in  England  is  older  than  the  kingdom  itself. 
It  originated  with  the  union  of  two  or  more  clans  into  a 
tribe  and  their  settlement  in  a  fixed  dwelling  place,  after 
which,  in  a  comparatively  short  time,  they  assumed  the 
form  of  a  monarchy  and  the  chief  became  known  as  a  king. 

When  the  Anglo-Saxon  tribes  invaded  England  and  set- 
tled in  different  parts  of  the  island,  they  created  a  number 
of  small  kingdoms,  independent  of  each  other.  Afterward, 
when  the  government  became  centralized  and  subject  to 
one  responsible  head,  these  individual  kingdoms  continued 
their  existence,  and  were  known  as  counties.     Thus  the 


*  Louisiana  is  divided  into  parishes  for  purposes  of  local  government. 

(166) 


COUNTY    GOVERNMENT   IN    ILLINOIS  167 

growth  of  the  county  in  England  has  been  essentially  dif- 
ferent from  its  development  in  the  United  States.  In  Eng- 
land the  kingdom  was  created  by  a  union  of  the  counties, 
but  in  the  United  States  the  counties  have  been  formed 
by  a  subdivision  of  the  State. 

The  legislature  of  each  State  controls  the  division  of 
the  State  into  counties,  all  of  which  are  created  solely  by 
legislative  act.  A  county  is  endowed  with  certain  func- 
tions, giving  it  the  character  of  a  corporation.  It  can  sue 
in  the  courts  and  be  sued ;  it  can  act  only  through  its  duly 
qualified  officers ;  it  can  purchase  such  real  estate  as  is 
needed  for  the  uses  of  the  county ;  it  can  sell  or  lease  the 
same  when  no  longer  needed,  and  it  can  make  all  contracts 
necessary  for  the  proper  transaction  of  the  county  business. 

The  government  of  the  county  is,  to  some  extent,  divided 
into  legislative,  executive  and  judicial  branches,  although 
the  greater  portion  of  the  powers  exercised  by  its  officers 
come  within  the  executive  and  judicial  branches. 

Constitutional  Provisions. —  For  purposes  of  local  gov- 
ernment Illinois  was  divided  into  counties  before  it  became 
a  State,  and  the  county  system  of  government  was  contin- 
ued under  the  constitutions  of  1818  and  1848.  The  constitu- 
tion of  1870  recognized  these  subdivisions  of  the  State  as 
they  existed  at  the  time  of  its  adoption. 

The  latter  instrument  made  no  change  in  the  number  or 
boundaries  of  the  counties,  but  restricted  the  power  of  the 
legislature  in  respect  thereto,  by  providing  that  no  new 
county  shall  be  formed  having  a  smaller  area  than  four 
hundred  square  miles,  and  that  the  territory  of  no  county 
shall  be  reduced  in  area  below  that  limit,  and  prohibiting 
substantially  any  change  in  the  boundaries  of  a  county 
without  the  consent  of  a  majority  of  the  legal  voters  of  such 
county. 


168  STATE   GOVERNMENT 

The  constitution  of  1870  also  recognized  the  rivalry 
which  had  formerly  existed  between  the  respective  adherents 
of  the  county  and  township  systems  of  local  government,  by 
substantially  re-enacting  the  provision  of  the  constitution 
of  1848,  whereby  the  voters  of  each  county  are  given  the 
right  to  determine  which  system  shall  be  used.  It  also  pro- 
vided for  the  general  government  of  counties  not  imder 
township  organisation,  by  committing  the  management  of 
their  afifairs  to  "The  Board  of  County  Commissioners,"  con- 
sisting of  three  persons  in  each  county  elected  by  the  people. 

Special  arrangement  is  made  for  the  county  affairs  of 
Cook  County  by  the  provision  that  they  shall  be  managed 
by  a  board  of  fifteen  commissioners,  ten  of  whom  shall  be 
elected  from  the  City  of  Chicago  and  five  from  the  towns 
outside  of  the  city.  The  government  of  other  counties 
under  township  organization  is  managed  by  a  board  of  super- 
visors composed  of  the  supervisors*  of  the  various  towns 
in  the  county. 

The  constitution  also  requires  the  election  of  the  follow- 
ing judicial  and  executive  officers — viz. :  County  Judge, 
County  Clerk,  Sherifif,  Treasurer,  Coroner,  Clerk  of  the 
Circuit  Court  and  Recorder  of  Deeds,  and  provides  for  the 
compensation  of  these  officers.  All  counties  in  the  State 
have  the  above-named  officers,  except  that,  in  counties  hav- 
ing a  population  of  less  than  60,000  inhabitants,  the  clerk  of 
the  circuit  court  may  also  act  as  recorder. 

The  County  Board — In  counties  under  township  organ- 
ization the  principal  governing  body  is  the  Board  of  Super- 
visors, but  in  the  County  of  Cook  the  same  functions  are 
performed  by  the  Board  of  County  Commissioners.  Each 
of  these  bodies  is  ordinarily  designated  by  the  name  of  "The 
County  Board,"  which  name  is  also  given  to  the  Board  of 

♦The  office  of  supervisor  is  explained  on  page  184. 


COUNTY    GOVERNMENT   IN    ILLINOIS  169 

County  Commissioners  in  counties  not  under  township  or- 
ganization. 

The  members  of  the  county  board  are  elected  by  the 
people,  and  have  charge  of  the  business,  property  and  funds 
of  the  county  and  the  settlement  of  all  accounts  involving 
the  receipts  and  expenditures  of  the  county. 

Among  their  important  powers  and  duties  are  those  re- 
lating to  the  construction  and  maintenance  of  county  build- 
ings, the  management  of  the  county  institutions,  such  as 
almshouses,  hospitals,  insane  asylums,  schools,  jails,  court- 
houses, and  the  construction  and  management  of  roads  and 
bridges  throughout  the  county.  In  making  rules  and  regu- 
lations for  the  proper  government  of  these  institutions,  the 
county  commissioners  exercise  a  certain  legislative  power, 
subject,  however,  to  the  limitation  that  all  rules  and  ordi- 
nances enacted  by  them  must  conform  to  the  laws  of  the 
State. 

They  have  the  power  to  levy  and  to  collect  taxes  for  the 
support  of  the  institutions  of  the  county,  and  for  the  pay- 
ment of  salaries  of  county  officers.  At  the  present  time  the 
power  to  transact  all  general  county  business  is  vested  in  the 
county  board.  Under  the  constitutions  of  1818  and  1848, 
in  counties  not  under  township  organization,  the  county 
court  was  given  the  power  to  transact  a  considerable  por- 
tion of  the  county  business.  This  imitation  of  the  Virginia 
system  described  in  a  former  chapter  was  wholly  abolished 
by  laws  enacted  under  the  constitution  of  1870. 

Government  of  Cook  County. —  The  County  of  Cook  is 
by  far  the  wealthiest  and  most  populous  county  of  the  State. 
For  this  reason  its  government  is  attended  with  conditions 
which  do  not  exist  in  other  counties,  and  the  legislature  has 
enacted  laws  applicable  solely  to  the  board  of  county  com- 
missioners of  this  countv.     The  term  of  office  of  commis- 


170  STATE  GOVERNMENT 

sioners  of  Cook  County  is  two  years ;  one  of  the  candidates 
is  designated,  on  the  ballot,  for  President  of  the  Board  and 
is  elected  to  that  office  by  popular  vote. 

The  board  is  required  to  hold  regular  meetings  at  stated 
intervals.  The  president  is  the  presiding  officer  and  per- 
forms the  general  duties  of  this  office.  He  appoints  com- 
mittees, oversees  the  work  of  employees  and  takes  care  that 
the  business  of  the  county  is  conducted  as  the  law  requires. 

All  resolutions  and  motions  involving  the  appropriation 
and  expenditure  of  money  must  be  submitted  to  the  county 
board  in  writing  before  they  are  voted  upon,  and  when 
adopted  by  the  board  they  do  not  go  into  effect  until  they 
have  been  approved  in  writing  by  the  president.  If  the 
president  does  not  approve  any  resolution  or  motion 
adopted  by  the  board,  he  vetoes  it  by  returning  the  written 
copy  of  the  proposed  act  to  the  clerk  of  the  board,  together 
with  a  written  statement  of  his  objections  to  the  same.  In 
such  a  case,  it  requires  the  affirmative  vote  of  four  fifths  of 
the  commissioners  to  pass  the  measure  over  the  president's 
veto.  In  case  the  president  fails  to  approve  or  veto  any 
resolution  or  motion  within  six  days  after  its  passage,  it 
goes  into  effect  without  his  approval. 

The  commissioners  of  Cook  county  have  the  same  pow- 
ers and  duties  as  the  board  of  supervisors  in  other  counties 
under  township  organization,  but  the  law  of  the  State  has 
prescribed  certain  additional  rules,  regulations  and  restric- 
tions which  do  not  apply  to  other  counties  in  the  State. 
They  cannot  delegate  to  a  committee  or  other  person  the 
power  of  acting  for  the  county  in  any  case  involving  the  let- 
ting of  any  contract  or  the  expenditure  of  public  moneys 
exceeding  the  sum  of  five  hundred  dollars,  and  no  money 
exceeding  this  sum  can  be  spent  by  any  county  officer  unless 


COUNTY    GOVERNMENT   IN   ILLINOIS  171 

authorized  by  a  vote  of  at  least  two  thirds  of  the  county 
board. 

The  board  of  commissioners  must,  within  the  first  quar- 
ter of  each  year,  adopt  a  resohition  called  the  Annual  Ap- 
propriation Bill,  which  determines  the  amount  of  money 
necessary  to  defray  all  the  expenses  of  Cook  County  for  the 
ensuing  year.  This  appropriation  bill  must  specifiy  in  de- 
tail the  objects  and  purposes  for  which  the  money  is  to  be 
spent,  and,  in  order  to  give  it  publicity  and  prevent  the  ap- 
propriation of  money  for  improper  purposes,  the  law  re- 
quires that  it  shall  be  published  in  a  newspaper  in  the  City  of 
Chicago.  The  county  commissioners  can  make  no  expend- 
iture of  money  other  than  for  the  purposes  and  in  the 
amounts  specified  in  the  appropriation  bill,  with  the  excep- 
tion that  in  case  of  any  unusual  and  unforeseen  casualty  by 
fire,  flood  or  otherwise,  the  county  commissioners  have 
the  power  to  appropriate  money  necessary  in  such  contin- 
gency. 

The  law  requires  the  commissioners  to  appoint  a  Com- 
mittee on  Finance,  which  has  a  general  supervision  over  the 
financial  affairs  of  the  county;  they  are  also  required  to  ap- 
point a  Committee  on  Public  Service,  which  has  general 
charge  of  the  public  institutions  and  business  of  the  board. 
The  president  of  the  board  must  appoint  a  Superintendent 
of  Public  Service,  who  is  under  the  control  of  the  Committee 
on  Public  Service,  and  whose  duty  is  to  purchase,  receive 
and  distribute  all  supplies  necessary  for  the  use  of  the  county 
and  its  various  institutions,  and  to  keep  accurate  accounts 
of  all  his  transactions. 

All  contracts  for  suppHes,  material  and  work  for  Cook 
County  must  be  let  to  the  lowest  responsible  bidder,  after 
due  advertisement.  These  contracts  must  be  approved  by 
the  board  of  commissioners  and  signed  by  the  president  of 


172  STATE   GOVERNMENT 

the  board,  the  superintendent  of  public  service  and  the 
county  comptroller. 
The  Cook  County  Civil  Service  Commission. — In  a 

former  chapter  the  necessity  of  regulating-  the  power  of 
appointment  to  particular  offices  in  the  government  of  the 
United  States  was  shown,  and  the  evils  which  result  from 
vesting  this  power  of  appointment  in  a  single  individual 
were  explained.  The  statements  and  reasons  there  given 
are  equally  applicable  to  the  large  number  of  employes 
and  officers  who  hold  positions  under  the  government  of 
Cook  County.  Accordingly,  the  legislature  of  the  State 
enacted  a  law  creating  a  County  Civil  Service  Commission 
for  that  county,  which  went  into  effect  in  the  year  1895. 
By  this  law  the  president  of  the  county  board  is  required 
to  appoint  three  commissioners ;  not  more  than  two  of 
them  at  the  time  of  their  appointment  can  be  members  of 
the  same  political  party.  It  is  the  duty  of  these  commis- 
sioners to  classify  all  the  offices  and  places  of  employment 
in  the  county  government  with  reference  to  the  examina- 
tion of  applicants  for  such  positions.  The  offices  and  places 
so  classified  by  the  commission  constitute  the  Classified 
Civil  Service  of  the  county,  and  appointment  to  such  offices 
or  places,  and  removals  from  them,  must  be  made  under  the 
rules  established  by  the  civil  service  commission. 

The  law  further  provides  that  all  applicants  for  offices  or 
places  in  the  classified  service  shall  be  subjected  to  examina- 
tions, which  shall  be  public,  competitive  and  free  to  all 
citizens  of  the  United  States,  with  specified  limitations  as  to 
residence,  age,  health,  habits  and  moral  character.  These 
examinations  must  be  practical  in  their  character  and  relate 
to  those  matters  which  will  fairly  test  the  relative  capacity 
of  the  persons  examined  for  discharging  the  duties  of  the 
positions  to  which  they  seek  to  be  appointed,  and  shall  in- 


COUNTY    GOVERNMENT    IN    ILLINOIS  173 

elude  tests  of  physical  qualifications,  health  and  manual 
skill.  All  appointments  to  positions  in  the  classified  civil 
service  of  the  county  must  be  made  from  the  list  of  those 
candidates  who  are  qualified  as  shown  by  their  examina- 
tions. 

Other  County  Officers. — The  Clerk. — This  officer  is  re- 
quired to  maintain  an  office  at  the  courthouse  in  the 
county,  and  is  the  keeper  of  the  seal  of  the  county,  which 
must  be  used  by  him  in  numerous  cases  where  he  is  re- 
quired by  law  to  authenticate  his  acts  by  the  use  of  an  offi- 
cial seal.  He  has  custody  of  all  the  records,  books  and 
papers  of  the  county.  His  duties  are  to  act  as  the  clerk  of 
the  county  board,  to  keep  an  accurate  record  of  its  pro- 
ceedings, as  well  as  of  all  official  bonds  filed  in  his  office,  and 
all  details  relating  to  the  same.  He  is  required  to  give  to 
persons  demanding  the  same,  and  paying  the  lawful  fee 
therefor,  a  copy  of  any  record,  paper  or  account  in  his  office. 
He  must  also  perform  such  other  duties  as  may  be  required 
of  him  by  law.  Under  this  sweeping  provision  he  has 
numerous  duties  under  different  statutes  of  the  State. 

In  Cook  County  he  is  made  the  Clerk  of  the  Board  of 
County  Commissioners  and  ex-officio  the  Comptroller  of  the 
county  finances.  In  the  latter  capacity  he  has  charge  of  all 
deeds,  mortgages,  contracts,  bonds  and  other  documents 
belonging  to  the  county,  and  is  the  financial  officer  of  the 
board  of  county  commissioners  in  all  of  their  business 
transactions. 

The  Sheriff. — The  Sheriff  is  one  of  the  most  important 
executive  officers  of  the  county.  He  is  elected  by  the  peo- 
ple for  a  term  of  four  years.  The  office  of  sheriff  originated 
in  England  and  is  of  great  antiquity.* 

*By  some  authorities  the  ofiBce  of  sheriff  is  said  to  have  been  created  by  King 
Alfred,  but  others  are  of  the  opinion  that  the  oflBce  is  of  still  greater  antiquity 
and  that  it  existed  in  the  time  of  the  Romans. — Bouvier's  Law  Dictionary. 


174  STATE   GOVERNMENT 

It  is  the  duty  of  the  sheriff  to  execute  the  orders  of  the 
various  courts  of  the  county.  If  the  courts  have  decided 
that  one  citizen  is  entitled  to  recover  from  another  the 
amount  of  a  debt  owing  him,  and  the  debtor  is  unable  to 
pay  his  creditor  the  amount  due  in  cash,  it  becomes  the  duty 
of  the  sheriff,  acting  under  the  orders  of  the  court  which 
has  heard  and  determined  the  matter,  to  levy  upon  and  sell 
the  property  of  the  debtor  in  order  to  realize  the  amount  of 
the  debt. 

If  the  court  has  decided  that  a  person  is  guilty  of  an  at- 
tempt to  rob  the  house  of  a  citizen,  or  commit  other  crim- 
inal offense,  it  is  the  duty  of  the  sheriff  to  take  possession 
of  the  person  who  is  convicted  upon  such  a  charge,  and  con- 
fine him  in  the  county  jail,  or  to  convey  him  to  the  State 
prison. 

The  sheriff  is  also  the  custodian  of  the  jail  and  court- 
house, and  sometimes  of  other  public  buildings.  He  serves 
all  writs  issued  by  the  courts  and  provides  food  for  the  pris- 
oners in  the  county  jail. 

In  case  of  a  riot  or  other  unlawful  assemblage  of  persons 
within  the  county,  it  is  the  duty  of  the  sheriff  to  enforce  and 
maintain  the  law,  and  to  this  end  he  has  the  right  to  call 
upon  any  and  all  able-bodied  citizens  in  the  county  to  assist 
him.  Thus  he  and  his  deputies  perform  the  duties  in  the 
county  which  are  delegated  to  police  officers  in  the  city. 

Treasurer. — The  County  Treasurer  must  receive  and 
hold,  subject  to  the  order  of  the  proper  county  officers,  all 
the  funds  belonging  to  the  county.  Sometimes  the  treas- 
urer is  made  by  law  the  county  collector  of  taxes  and  per- 
forms important  duties  in  that  capacity.  The  county  funds 
are  derived  from  taxation,  from  fees  paid  by  litigants  in  the 
courts  of  the  county  and  from  fines  imposed  upon  persons 
who  have  violated  the  laws. 


COUNTY    GOVERNMENT   IN    ILLINOIS  175 

He  is  required  to  keep  accurate  accounts  showing  all 
moneys,  revenues  and  funds  received  by  him,  specifying 
each  kind  of  funds,  whether  gold,  silver,  county  orders,  or 
other  funds  authorized  by  law  to  be  received  as  revenue. 
He  must  countersign  all  orders  for  the  disbursement  of  the 
county  money,  and  is  required  to  report  to  the  county 
board,  from  time  to  time,  the  condition  of  the  funds  of  the 
county. 

Coroner. — Another  county  ofBcer  is  the  Coroner,  whose 
duty  it  is  to  investigate  and  report  upon  all  cases  of  death 
from  unexplained  causes,  where  there  is  reason  to  believe 
that  a  crime  has  been  committed  or  a  serious  accident  has 
occurred.  For  example,  if  a  dead  body  is  found  by  the  side 
of  a  county  highway,  possession  of  the  corpse  is  given  to 
the  coroner,  who  summons  a  jury  to  ascertain,  if  possible, 
what  caused  the  death  of  the  person,  and  whether  it  was 
due  to  accident  or  to  the  commission  of  a  crime.  The 
coroner  also  performs  some  of  the  duties  of  the  sheriff 
in  executing  the  processes  of  courts  of  law.  In  case  a  suit 
is  brought  against  the  sheriff,  it  is  the  duty  of  the  coroner 
to  serve  the  summons  notifying  the  sheriflf  to  appear  in 
court  and  answer  the  charges  against  him,  because  it  would 
be  manifestly  absurd  to  require  the  sheriff  to  summon 
himself. 

Clerks  of  Courts. — Clerks  of  courts,  with  the  exception 
of  the  clerks  of  the  supreme  and  appellate  courts,  may 
be  regarded  as  county  officers.  Every  court  must  have  a 
clerk,  as  he  is  an  indispensable  officer  of  the  court.  With- 
out a  clerk,  a  court  cannot  do  business  any  more  than  it 
can  act  without  a  judge.  In  this  connection,  we  shall  speak 
of  the  election  of  the  clerks  of  all  of  the  courts,  and  give 
a  general  statement  of  the  character  of  their  duties,  which 
are  similar  in  all  cases. 


176  STATE   GOVERNMENT 

The  law  requires  the  election  of  a  Clerk  of  the  Supreme 
Court,  one  Clerk  of  the  Appellate  Court  in  each  of  the 
districts,  one  Clerk  of  the  Circuit  Court  of  each  county, 
one  Clerk  of  the  Superior  Court  of  Cook  County,  one 
Clerk  of  the  Criminal  Court  of  Cook  County,  and  one 
Clerk  of  the  Probate  Court  in  some  counties.  The  county 
clerks  of  the  several  counties  are  the  clerks  of  the  County 
Courts  in  their  respective  counties,  and,  therefore,  no  clerk 
is  elected  especially  for  that  court. 

It  is  the  duty  of  the  clerk  of  a  court  to  have  an  office  in  a 
fixed  place  in  the  courthouse,  and  to  keep  regular  office 
hours.  He  is  the  keeper  of  the  seal  of  the  court,  and  is  re- 
quired to  attend  court  in  person  when  it  is.  practicable  to  do 
so,  but,  when  necessary,  may  appoint  deputies,  for  whose 
conduct  and  acts  he  is  responsible.  The  clerk  is  required  to 
preserve  all  the  files  and  papers  relating  to  the  various  cases 
and  other  business  before  the  court,  and  to  keep  a  com- 
plete record  of  all  of  the  proceedings,  including  the  judg- 
ments, decrees  and  orders,  of  the  court  with  which  he  is  con- 
nected. For  this  purpose  he  must  keep  a  general  docket,  in 
which  all  suits  are  entered,  and  proper  indices  to  all  of  the 
books  of  record,  so  that  there  may  be  a  ready  and  easy  ref- 
erence to  them  when  desired. 

This  brief  general  statement  does  not  convey  an  adequate 
idea  of  the  numerous  important  functions  which  are  per- 
formed by  the  clerks  of  the  courts,  or  of  the  vast  volume 
of  business  which  passes  through  their  offices,  but  as  a  fa- 
miliarity with  all  of  these  details  is  not  sought  by  any  except 
members  of  the  legal  profession  and  others  having  business 
with  the  courts  no  further  statement  will  be  given  concern- 
ing them. 

Recorder. — The  Recorder  is  a  county  officer  of  great  im- 
portance, as  will  appear  when  the  nature  of  his  duties  is  ex- 


COUNTY    GOVERNMENT   IN    ILLINOIS  177 

plained.  In  all  counties  having  a  population  of  less  than 
sixty  thousand  inhabitants  the  clerk  of  the  circuit  court  is 
ex-officio  the  recorder.  In  all  other  counties  a  recorder  is 
elected  by  the  people.  It  is  the  duty  of  the  recorder  to 
receive  and  record,  in  properly  bound  books  provided 
especially  for  that  purpose,  all  instruments  in  writing  which 
are  filed  in  his  office. 

These  instruments  are  those  which  relate  to  the  trans- 
fer of  real  estate  and  personal  property,  either  by  act  of  the 
parties,  as  when  a  deed  or  mortgage  is  executed,  or  by  oper- 
ation of  law,  as  when  a  decree  of  court  has"  been  entered  af- 
fecting the  title  to  real  estate.  The  recorder  is  required, 
immediately  on  receipt  of  any  instrument  to  be  recorded,  to 
enter  in  the  order  of  its  reception  the  names  of  the  parties 
to  the  instrument,  its  date,  the  day  of  the  month,  hour  and 
year  of  filing  the  same,  and  a  brief  description  of  the  prop- 
erty specified  in  the  instrument.  All  these  instruments  are 
required  to  be  copied  at  length  into  proper  books  of  record 
and  suitable  indices  to  be  made  and  kept,  so  that  a  ready 
reference  can  be  had  at  any  time  to  the  records. 

Among  the  diflferent  kinds  of  instruments  which  are  filed 
in  the  recorder's  office  the  most  important  are  deeds,  mort- 
gages, trust  deeds,  chattel  mortgages,  maps  and  plats  and 
certified  copies  of  judicial  proceedings.  The  greatest 
accuracy  is  required  in  keeping  the  records  in  this  ofifice, 
because  upon  the  sufficiency  and  correctness  of  the  record 
depends,  in  many  cases,  the  validity  of  the  title  of  owners  of 
real  estate  to  their  property. 

State's  Attorney. — The  State's  Attorney  is  the  prosecuting 
officer  of  the  county.  He  is  elected  by  the  people  and  holds 
office  for  the  term  of  four  years.  It  is  his  duty  to  prosecute 
all  actions,  both  civil  and  criminal,  in  which  the  people  of 
the  county  may  be  interested.    Among  these  may  be  men- 


178  STATE   GOVERNMENT 

tioned  suits  for  the  recovery  of  debts  due  to  the  State, 
county,  school  districts,  or  road  districts,  and  all  proceed- 
ings brought  by  any  county  officer  in  his  official  capacity. 
He  must  also  defend  the  county  in  all  legal  proceedings 
against  it  and  its  officers  in  all  suits  brought  against  them  in 
their  official  capacity. 

He  is  principally  concerned  with  the  prosecution  of  crim- 
inal offenders  against  the  law,  but  he  also  performs  many 
other  duties  imposed  upon  him  by  various  statutes  of  the 
State,  such  as  compelling  the  sale  of  lands  forfeited  to  the 
State,  and  prosecuting  corporations  who  fail  to  comply 
with  the  laws  of  the  State. 

The  office  is  one  of  great  importance,  and  the  incumbent 
should  be  possessed  of  ability  and  energy  in  order  to  meet 
the  demands  of  his  official  position. 

Justices  of  the  Peace  and  Constables. — Justices  of  the  Peace 
are  county  officers  exercising"  judicial  powers.  This  office 
is  of  great  antiquity  and  was  originally  considered  of  much 
importance.  In  many  of  the  States,  however,  the  persons 
holding  commissions  as  justices  of  the  peace  have  but  few 
duties  to  perform.  In  Illinois  justices  of  the  peace  are 
magistrates,  who  have  power  to  hear  and  determine  civil 
cases  in  which  the  amount  involved  does  not  exceed  the  sum 
of  two  hundred  dollars.  They  also  have  jurisdiction  of 
criminal  complaints  punishable  by  fines  only,  and  in  crim- 
inal cases  of  greater  importance  they  sit  as  examining 
magistrates  and  bind  over  the  accused  to  await  the  action 
of  a  court  of  higher  jurisdiction. 

Justices  of  the  peace,  except  in  the  City  of  Chicago,  are 
elected  by  the  people.  In  counties  under  township  organ- 
ization two  justices  of  the  peace  and  two  constables  are 
elected  in  each  town  at  the  general  election  of  town  officers. 
In  counties  not  under  township  organization  two  justices 


COUNTY    GOVERNMENT   IN    ILLINOIS  179 

of  the  peace  and  two  constables  are  elected  in  each  election 
precinct.*  Whenever  the  population  of  a  town  or  of  an 
election  precinct  exceeds  two  thousand  inhabitants  there 
shall  be  an  additional  justice  of  the  peace  and  an  additional 
constable  for  each  one  thousand  inhabitants,  provided  that 
no  more  than  five  justices  and  five  constables  shall  be 
elected  in  any  town  or  precinct.  Their  term  of  office  is 
four  years. 

Constables  are  the  executive  officers  of  the  courts  held 
by  justices  of  the  peace,  and  perform  the  same  functions  by 
way  of  executing  the  orders  of  the  court  as  are  performed 
by  sheriffs  and  their  deputies  in  courts  of  record. 

Justices  of  Chicago. — The  justices  of  the  peace  for  the 
City  of  Chicago  are  selected  by  the  judges  of  the  circuit, 
superior,  probate  and  county  courts  of  Cook  County,  a 
majority  of  whom  must  concur  in  the  selection.  The  per- 
sons so  selected  by  the  judges  of  the  courts  are  recom- 
mended to  the  governor  of  the  State  for  appointment  to  the 
office,  and  it  is  the  duty  of  the  governor  to  nominate  the 
persons  so  recommended,  and  by  and  with  the  advice  of  the 
senate  to  appoint  those  persons  to  the  offices  of  justices  of 
the  peace  for  the  various  towns  composing  the  City  of  Chi- 
cago. In  case  the  governor  rejects  any  person  who  is  rec- 
ommended by  the  judges,  or  the  senate  refuses  to  confirm 
any  person  who  is  so  recommended,  the  governor  is  re- 
quired to  give  notice  of  such  rejection  or  refusal  to  the 
judges,  who,  within  ten  days  thereafter,  must  recommend 
some  other  fit  and  competent  person  for  such  appointment. 


*For  an  explanation  of  the  meaning  of  this  term  see  Chapter  XXI. 


CHAPTER  XIX. 
TOWNSHIP  AND  VILLAGE  GOVERNMENT. 

After  what  has  been  stated  in  former  chapters  concerning 
the  origin  of  township  government  in  this  country,  and  the 
reasons  which  caused  it  to  become  one  of  the  estabHshed  in- 
stitutions of  the  State  of  IlHnois,  we  are  now  prepared  to 
enter  directly  upon  the  consideration  of  the  principal  fea- 
tures of  this  kind  of  local  government  as  it  exists  in  our 
State. 

This  form  of  government  in  the  State  of  Illinois  is  used 
principally  in  rural  communities,  where  the  population  is 
scattered,  although  it  performs  some  functions  in  other 
places.  In  this  State  there  are  no  populous  places  governed 
entirely  by  the  township  system,  such  as  is  the  case  in  the 
New  England  States  and  was  in  the  Town  of  Boston  before 
it  adopted  a  city  charter.  In  the  State  of  Illinois,  as  soon  as 
any  considerable  number  of  people  inhabit  a  small  and 
compact  territory,  it  follows  almost  invariably  that  a  village 
or  city  organization  is  adopted,  and  that  the  township  gov- 
ernment ceases  to  be  the  agency  for  regulating  many  of  the 
local  affairs 

Therefore,  it  must  be  noted  that  what  is  said  in  this  chap- 
ter relative  to  the  township  form  of  government  applies 
solely  to  those  rural  districts  in  which  there  are  no  cities  or 
villages,  and  that  the  government  of  towns  whose  territory 
lies  wholly  within  the  limits  of  incorporated  cities  and  vil- 
lages is  essentially  different  from  that  of  those  towns  whose 

(180) 


TOWNSHIP   GOVERNMENT  181 

territory  is  not  a  part  of  or  identical  with  the  territory  of 
cities  and  villages.  For  example,  each  of  the  numerous 
towns  which  are  included  within  the  corporate  limits  of  the 
City  of  Chicago  has  a  complete  township  organization  and 
elects  a  full  list  of  town  officers,  but  neither  the  town  meet- 
ing nor  the  town  officers  exercise  any  of  those  powers  which 
are  committed  by  law  to  the  city  government  of  the  City  of 
Chicago. 

These  town  governments  do  not  undertake  to  regulate 
the  construction,  maintenance  and  use  of  public  streets,  or 
to  enact  ordinances  for  the  protection  of  the  public  health, 
or  to  exercise  many  other  powers  given  to  town  govern- 
ments and  exercised  by  them  in  cases  where  they  have  not 
been  superseded  by  the  city  or  village  form  of  government. 

Organization  of  Towns. — The  general  law  of  the  State, 
adopted  in  1874,  contains  detailed  provisions  by  which  the 
people  of  any  county  in  the  State  may,  by  election,  adopt 
township  organization  for  their  county  or  abandon  the 
same,  as  they  see  fit.  The  power  of  superintending  the  di- 
vision of  the  county  into  townships  is  given  to  the  county 
board,  and  the  county  board  may,  after  the  township  form 
of  government  has  been  adopted  by  a  vote  of  the  people, 
appoint  three  commissioners  whose  duty  it  is  to  divide  the 
county  into  towns,  making  their  boundaries  conform  to 
those  established  by  government  surveys  as  far  as  possible. 
The  towns  are  given  such  names  as  may  be  chosen  by  the 
inhabitants  residing  therein,  but  if  no  preference  is  ex- 
pressed by  the  residents,  the  commissioners  have  the  power 
of  designating  the  names. 

After  the  division  of  the  county  into  towns  has  been  ac- 
complished, it  is  the  duty  of  the  county  board  to  make  pro- 
vision for  calling  a  town  election,  which  must  be  held  on  the 
first  Tuesday  of  April  next  after  the  adoption  of  township 


182  STATE  GOVERNMENT 

organization,  and  at  this  election  the  town  officers  herein- 
after mentioned  are  elected  by  a  vote  of  the  people  and  hold 
their  offices  respectively  for  the  term  of  one  year.  The  law 
also  contains  similar  provisions  by  which  any  county, 
which  has  adopted  township  organization,  may  discon- 
tinue the  same  by  a  vote  of  the  people.  The  instances  in 
which  a  township  organization  is  discontinued  have  been 
exceedingly  rare. 

Corporate  Power  of  Towns. — The  legislature  has  en- 
dowed towns  in  this  State  with  some  corporate  capacities, 
including  the  power  to  sue  and  be  sued,  to  acquire  property 
by  purchase,  gift  or  devise,  to  hold  it  for  the  use  of  the  in- 
habitants, to  sell  and  convey  the  same,  and  to  make  all  con- 
tracts that  may  be  necessary  for  the  proper  exercise  of  the 
powers  of  the  town.  The  corporate  powers  are  so  limited 
by  law  that  it  has  been  customary  to  designate  this  kind  of 
a  municipal  corporation  as  a  quasi-municipal  corporation,  to 
distinguish  it  from  municipal  corporations  proper,  such  as 
cities  and  villages.* 

At  the  annual  town  meeting  the  voters  have  power  to 
make  all  necessary  orders  for  the  sale,  conveyance  and  use 
of  the  corporate  property  of  the  town,  to  take  necessary 
measures  for  constructing  and  repairing  roads,  bridges  and 
causeways,  for  the  prosecution  or  defense  of  suits  by  or 
against  the  town,  and  for  any  other  purpose  for  which  they 
are  required  by  law  to  spend  mone}^ 

The  voters  at  this  town  meeting  also  have  power  to  pro- 

*A  municipal  corporation  proper  may  be  defined  briefly  as  a  body  politic 
and  corporate  created  by  act  of  tlie  legislature  whereby  the  Inhabitants  of  a 
particular  place  are  incorporated  for  the  purpose  of  local  government.  Cities 
and  villages  are  examples  of  municipal  corporations  proper,  as  they  have  all 
powers  needed  for  a  complete  system  of  local  government. 

Quasi-municipal  corporations  have  certain  limited  powers  only.  They  are 
agencies  of  the  State  created  for  purposes  of  civil  government  generally,  and 
not  for  the  regulation  of  the  local  affairs  of  a  compact  community  solely. 
Counties  aad  school  districts  are  oofporations  of  this  class. 


TOWNSHIP    GOVERNMENT  183 

vide  for  the  institution  and  defense  of  all  suits  at  law  in 
which  the  town  is  interested ;  to  prevent  the  introduction  or 
growing  of  Canada  thistles  or  noxious  weeds ;  to  allow  re- 
wards for  their  destruction ;  to  offer  premiums  and  take  such 
action  as  shall  induce  the  planting  and  cultivation  of  trees 
along  the  highways ;  to  make  rules  and  regulations  for  as- 
certaining the  sufficiency  of  all  fences ;  to  restrain,  regulate 
or  prohibit  the  running  at  large  of  cattle,  horses,  mules  and 
other  domestic  animals ;  to  provide  for  the  establishment 
and  maintenance  of  pounds  at  such  places  as  may  be  neces- 
sary and  convenient  for  the  confinement  of  all  animals  found 
running  at  large ;  to  construct  and  keep  in  repair  public 
wells  or  other  watering  places ;  and  to  make  such  rules  and 
regulations  as  may  be  deemed  necessary  to  carry  into  effect 
the  powers  granted  to  the  town  meeting. 

These  are  only  a  part  of  the  powers  which  the  people  can 
exercise  at  a  town  meeting  in  the  State  of  Illinois,  and  we 
notice  that  they  relate  to  matters  of  common  interest  to  the 
people  of  a  rural  community.  Many  of  the  powers  of  the 
town  meeting  above  mentioned  refer  to  matters  of  munici- 
pal government,  which  are  usually  performed  by  city  and 
village  governments,  and  the  law  especially  provides  that  in 
all  towns  in  which  there  are  incorporated  cities  and  villages, 
or  towns  lying  wholly  within  the  limits  of  an  incorporated 
city  or  village,  the  voters  at  the  town  meeting  shall  not  ex- 
ercise such  of  the  powers  above  mentioned  as  fall  within  the 
province  of  the  city  or  village  government. 

The  Town  Meeting. — The  annual  town  meeting  is 
held  on  the  first  Tuesday  of  April,  and  due  notice  of  the  time 
and  place  of  the  holding  of  the  same  is  given  by  the  town 
clerk.  At  this  meeting  there  must  be  elected  one  Super- 
visor, who  is  also  overseer  of  the  poor,  one  Town  Clerk,  one 
Assessor  and  one  Collector,  and  such  Justices  of  the  Peace, 


184  STATE   GOVERNMENT 

Constables  and  Highway  Commissioners  as  are  provided 
for  by  law. 

In  all  towns,  except  those  of  Cook  County,  having  a  popu- 
lation of  four  thousand  inhabitants  provision  is  made  for  the 
election  of  an  additional  supervisor,  who  is  styled  the  as- 
sistant supervisor,  and  for  every  increase  of  twenty-five  hun- 
dred in  the  population  of  the  town  the  law  permits  the  elec- 
tion of  another  assistant  supervisor. 

As  in  the  New  England  town  meeting,  the  presiding  of- 
ficer is  called  the  Moderator,  and  the  town  clerk  acts  as  a 
secretary  of  the  meeting  and  keeps  a  faithful  record  of  all  of 
its  proceedings. 

The  election  of  officers  is  by  ballot,  and  in  towns  having 
a  large  population  different  voting  places  are  established 
for  the  convenience  of  the  voters  in  the  same  manner  as  in 
case  of  general  elections,  all  of  the  election  laws  of  the  State 
being  applicable  to  the  election  of  town  officers.*  In  com- 
munities where  the  citizens  are  subject  to  both  town  and 
city  government,  as  in  the  City  of  Chicago,  the  election  of 
both  town  and  city  officers  takes  place  at  the  same  time,  so 
that  the  method  of  conducting  a  town  election  in  that  city 
is  precisely  similar  to  that  employed  in  any  other  election. 
The  town  meeting  for  the  transaction  of  miscellaneous  busi- 
ness is  held  at  two  o'clock  on  the  afternoon  of  the  day  of  an 
annual  meeting,  and  at  this  session  all  of  the  business  of  the 
town  must  be  transacted. 

Town  Officers. — Supervisor. — The  Supervisor  of  each 
town  is  required  by  law  to  receive  and  pay  out  all  moneys 
raised  for  defraying  town  charges,  except  what  is  raised  for 
the  support  of  highways  and  bridges,  which  is  under  the 
control  of  the  highway  commissioners,  and  he  is  required  to 

♦These  laws  are  explained  in  Chapter  XXI. 


TOWNSHIP   GOVERNMENT  185 

prepare  and  file  with  the  town  clerk  annually  a  full  and  com- 
plete statement  of  the  financial  affairs  of  the  town.  He  must 
keep  a  just  and  true  account  of  his  receipts  and  expenditures 
and  account  for  all  moneys  so  received  by  him.  In  all 
counties  under  township  organization,  except  the  County 
of  Cook,  the  supervisor  of  each  town  attends  all  meetings 
of  the  county  board,  of  which  he  is  a  member. 

Clerk. — The  Town  Clerk  has  the  custody  of  all  records, 
books  and  papers  of  the  town,  and  is  authorized  by  law  to 
administer  oaths  and  take  affidavits  in  all  cases  where  town 
officers  are  required  to  take  an  oath  or  execute  an  affidavit. 
He  keeps  a  record  of  the  proceedings  of  all  town  meetings, 
and  of  all  orders  and  directions  and  all  by-laws,  rules  and 
regulations  that  are  made  at  the  meetings.  He  must  cer- 
tify annually  to  the  county  clerk  the  amount  of  taxes  re- 
quired to  be  raised  for  all  town  purposes.* 

Auditors. — The  Board  of  Town  Auditors  is  composed  of 
the  supervisor,  town  clerk  and  justices  of  the  peace.  This 
board  must  hold  a  meeting  semi-annually  in  the  office  of  the 
town  clerk  to  examine  and  audit  the  accounts  of  the  town. 
At  these  meetings  the  auditors  are  required  to  examine  the 
accounts  of  the  supervisor,  overseer  of  the  poor  and  com- 
missioners of  highways  for  all  moneys  received  and  dis- 
bursed by  them,  as  well  as  all  other  claims  and  accounts  re- 
lating to  the  finances  of  the  town. 

Board  of  Health. — The  Board  of  Health  of  each  town  con- 
sists of  the  supervisor,  or  supervisors,  assessor  and  town 
clerk.  With  the  appearance  of  any  contagious  disease  in  the 
town  or  immediate  vicinity  the  board  of  health  has  power 
to  make  and  enforce  rules  and  regulations  to  check  the 


*For  a  description  of  the  duties  of  the  county  clerk   in  tax  matters  see 
Chapter  XXIII. 

The  duties  of  the  Assessor  and  Collector  are  described  in  Chapter  XXIII. 


186  STATE    GOVERNMENT 

spread  of  such  disease.  Towns  which  are  inchided  within 
the  corporate  Hmits  of  a  city  do  not  exercise  this  power,  be- 
cause the  city  government  has  charge  of  all  matters  relating 
to  the  health  of  the  people,  except  such  as  are  within  the 
jurisdiction  of  the  State  officers. 

Highway  Commissioners. — The  three  Commissioners  of 
Highways  in  each  town  have  charge  of  the  roads  and 
bridges,  and  it  is  their  duty  to  keep  the  same  in  repair  and 
to  improve  them  as  far  as  practicable.  The  work  on  the 
roads  must  be  done  by  the  best  known  methods  of  roadmak- 
ing,  by  proper  grading  and  thorough  draining  by  tile  or 
otherwise.  These  commissioners  have  power  to  let  con- 
tracts, to  purchase  tools,  machinery  and  materials,  and  it  is 
their  duty  to  take  general  charge  of  highways  throughout 
the  town  and  to  see  that  they  are  properly  constructed  and 
maintained. 

The  laws  of  the  State  of  Illinois  relative  to  the  construc- 
tion and  maintenance  of  roads  and  bridges  and  the  duties 
and  powers  of  highway  commissioners  in  respect  thereto 
are  too  numerous  to  be  detailed.  The  legislature  also  has 
made  elaborate  provisions  for  the  construction  and  mainte- 
nance of  highways  in  counties  not  under  township  organ- 
ization. In  such  counties  the  territory,  exclusive  of  cities 
and  incorporated  villages,  is  divided  into  road  districts,  each 
of  which  is  made  a  body  politic  and  corporate*  and  has  its 
own  board  of  highway  commissioners,  three  in  number. 
These  highway  commissioners  have  charge  of  the  public 
highways  in  their  respective  districts. 

Comparison  with  the  New  England  Town.  — Such, 
in  brief,  is  the  framework  of  township  government  as  it  ex- 
ists in  the  State  of  Illinois  and  in  the  other  States  created 


*The  road  district  is  anotlier  example  of  a  quasi-municipal  corporation 


TOWNSHIP    GOVERNMENT  187 

out  of  the  Northwest  Territory.  It  is  substantially  the  form 
of  government  which  was  provided  by  the  New  England 
town  meeting,  with  these  dififerences,  that  no  body  of  select- 
men is  chosen  to  administer  the  affairs  of  the  town  during 
the  interim  between  town  meetings,  and  that  school  af- 
fairs are  not  under  the  jurisdiction  of  the  town  meeting. 
With  these  two  exceptions,  the  resemblance  between  the 
Illinois  town  meeting  and  the  New  England  town  meeting 
is  complete,  and  generally  it  is  found  to  be  the  best  and 
most  satisfactory  method  of  administering  the  local  affairs 
in  rural  communities,  because  through  its  agency  the  power 
of  local  government  is  left  in  the  hands  of  the  people  whose 
interests  are  directly  affected. 

The  Government  of  Villages.  — As  the  population  of 
any  community  increases  and  the  territory  becomes  thickly 
settled,  the  village  is  formed  and  the  village  form  of  govern- 
ment supersedes  that  of  the  town.  Any  town  in  this  State 
may  become  incorporated  as  a  village  whenever  a  majority 
of  the  votes  at  an  election  held  for  determining  the  question 
shall  be  in  favor  of  such  a  change,  and  with  the  taking  and 
recording  of  such  a  vote  the  township  organization  ceases 
and  the  village  commences. 

A  village  may  be  formed  also  whenever  any  territory  not 
exceeding  two  square  miles  in  extent  shall  have  resident 
thereon  a  population  of  at  least  three  hundred  inhabitants. 
The  method  of  procedure  is  by  a  petition,  which  must  be 
signed  by  thirty  legal  voters  of  the  proposed  village  and  ad- 
dressed to  the  county  judge,  who  causes  the  question  of  in- 
corporating as  a  village  to  be  submitted  to  the  legal  voters. 
Whenever  such  a  petition  is  filed  in  the  office  of  the  county 
clerk,  the  county  judge  fixes  the  time  and  place  of  holding 
an  election,  and  if  a  majority  of  the  votes  cast  at  the  elec- 
tion is  for  village  organization,  then  the  proposed  village, 


188  STATE  GOVERNMENT 

with  the  boundaries  and  name  mentioned  in  the  petition, 
becomes  an  organized  village. 

The  governmental  affairs  of  the  village  are  committed  to 
six  Trustees,  who  are  divided  by  lot  into  two  classes,  those 
of  the  first  class  continuing  in  office  for  one  year  and  those 
of  the  second  class  for  two  years  from  the  date  of  the  first 
election.  Annually  thereafter  there  are  elected  three 
trustees,  to  hold  office  for  the  term  of  two  years.  The 
trustees  choose  one  of  their  number  as  president  and  the 
village  is  made  a  body  politic  and  corporate,  and  has  all 
of  the  usual  powers  of  a  municipal  corporation. 

The  board  of  trustees  of  a  village  has  the  same  powers 
and  duties  as  the  city  council  of  a  city,  and  the  president  of 
the  village  performs  substantially  the  same  functions  as  the 
mayor  of  a  city.  The  powers  and  duties  of  the  president 
and  trustees  of  a  village  will  not  be  stated  in  detail  at  this 
time,  for  the  reason  that  in  the  following  chapter  the  gov- 
ernment of  a  city  will  be  explained,  and  everything  therein 
contained  as  to  the  powers  and  duties  of  the  mayor  and 
aldermen  of  the  city  is  equally  applicable  to  the  president 
and  trustees  of  the  village. 


CHAPTER  XX. 

THE  GOVERNMENT  OF  CITIES. 

The  system  of  municipal  government  in  vogue  in  this 
country  has  been  the  least  successful  of  all  of  our  political 
institutions.  The  scheme  of  government  provided  by  our 
forefathers  has  been  satisfactory  in  national  and  state  af- 
fairs, but  this  has  not  been  the  case  in  the  government  of 
cities.  The  problems  of  municipal  government  received  but 
little  attention  from  them,  doubtless  because  they  believed 
that  the  citizens  of  a  community  should  hav^sole  charge  of 
the  regulation  of  local  afifairs.  Even  if  they  had  considered 
it  a  part  of  their  duty  to  provide  a  scheme  for  municipal  gov- 
ernment, it  is  doubtful  if  such  a  scheme  would  now  be  suc- 
cessful, for  the  reason  that  the  questions  which  now  con- 
front those  who  are  charged  with  the  administration  of  city 
afifairs  did  not  exist  in  the  latter  part  of  the  eighteenth  cen- 
tury. 

When  the  Constitution  of  the  United  States  took  effect 
in  the  year  1789  there  were  no  large  cities  in  the  country. 
The  largest  city  was  Philadelphia,  which  had  a  population  of 
about  31,000  inhabitants.  Next  in  size  was  New  York,  with 
a  population  of  23,000,  then  came  Boston  with  a  population 
of  18,000.  These  were  the  largest  cities  in  the  original 
thirteen  States,  and  there  were  scarcely  a  dozen  others  with 
a  population  of  5,000  inhabitants  each,  so  it  is  apparent  that 
questions  of  municipal  government  could  not  have  been 

(189) 


190  STATE  GOVERNMENT 

troublesome  in  those  days,  because  it  is  not  in  small  cities 
that  the  present  abuses  exist. 

In  noting  the  marked  changes  which  have  taken  place  in 
the  conditions  of  city  life,  an  eminent  historian  draws  a  vivid 
picture  of  the  strange  world  in  which  Washington  would 
find  himself  were  he  to  walk  the  streets  of  one  of  our  modern 
cities,  when  he  says :  "He  never  in  his  life  saw  a  flag- 
stone sidewalk  nor  an  asphalted  street,  nor  a  pane  of  glass 
six  feet  square.  He  never  heard  a  factory  whistle ;  he  never 
saw  a  building  ten  stories  high,  nor  an  elevator,  nor  a  gas 
jet,  nor  an  electric  light ;  he  never  saw  a  hot-air  furnace,  nor 
entered  a  room  warmed  by  steam  ;  he  never  struck  a  match, 
nor  sent  a  telegram,  nor  spoke  through  a  telephone,  nor 
touched  an  electric  bell ;  he  never  saw  a  horse  car,  nor  an 
omnibus,  nor  a  trolley  car,  nor  a  ferry  boat.  Fancy  him 
boarding  a  street  car  to  take  a  ride !  He  would  probably 
pay  his  fare  with  a  nickel,  but  the  nickel  is  a  coin  he  never 
saw.  Fancy  him  staring  from  the  window  at  a  fence  bright 
with  theatrical  posters,  or  at  a  man  rushing  by  on  a 
bicycle."* 

This  quotation,  specifying  only  a  few  of  the  incidents  of 
life  in  a  great  city,  illustrates  the  changes  which  have  taken 
place  between  the  year  1789  and  the  present  day,  and  it  is 
these  changes  that  have  called  our  present  municipal  gov- 
ernments into  existence.  The  regulation  and  construction 
of  sidewalks  and  of  buildings,  and  the  elevators  in  them,  the 
lighting  of  streets  by  gas  and  electricity,  the  supervision  of 
street  railways  and  of  carriages,  bicycles  and  pedestrians 
upon  the  public  streets  are  subjects  of  municipal  regulation 
which  were  unknown  in  the  days  of  Washington. 

♦McMaster's  School  History  of  the  United  States,  page  178.  American 
Book  Company,  1897. 


THE    GOVERNMENT    OF    CITIES  191 

Origin  of  the  Modern  City. —  Municipal  government 
in  the  United  States  is  derived  from  that  of  EngHsh  cities, 
having  been  modified  from  time  to  time  as  circumstances 
required,  or  seemed  to  require,  so  that  the  system  now 
represents  an  irregular  growth  of  over  a  hundred  years, 
instead  of  a  systematic,  conservative  and  well  defined  plan, 
such  as  exists  in  our  national  and  State  government. 

The  origin  of  the  modern  city  dates  back  to  the  history  of 
England  of  about  the  eleventh  century,  when  towns  and 
cities  began  to  grow  in  importance  and  received  royal  rec- 
ognition. The  government  of  these  cities  originated  with 
the  guilds,  or  organizations  of  artisans.  In  those  times 
each  of  the  different  trades  found  it  necessary  to  form  or- 
ganizations for  their  mutual  protection.  These  associations 
soon  grew  to  be  the  most  important  features  of  industrial 
life  in  the  cities  in  which  they  existed.  Each  guild  had  its 
own  guild  hall  and  held  its  own  meetings.  The  chief  man 
of  the  guild  was  termed  an  alderman,  and  the  government 
of  the  cities  came  to  be  vested  in  the  aldermen  representing 
the  different  guilds.  From  their  own  number  the  aldermen 
elected  a  chief  executive  officer,  styled  the  Mayor.  Thus 
the  government  of  the  modern  English  city  began,  and, 
like  that  of  the  town  and  the  county,  has  come  down  to  us 
modified  to  suit  present  conditions  of  life. 

When  the  Constitution  of  the  United  States  was  adopted 
nearly  all  of  the  cities  were  governed  on  the  plan  of  the  New 
England  town  meeting,  except  the  city  of  New  York, 
which  had  the  first  city  government  in  this  country.  The 
town  meeting  was  satisfactory  until  the  cities  became  so 
large  that  the  annual  meetings  of  the  citizens  were  un- 
wieldy from  the  number  attending  them,  and  each  individ- 
ual citizen  could  no  longer  have  a  voice  in  public  affairs.  In 
such  a  case  an  application  would  be  made  to  the  State  legis- 


192  STATE   GOVERNMENT 

lature  asking  that  a  charter  be  granted  providing  a  scheme 
of  government  and  incorporating  the  city  as  a  body  politic. 
Under  such  charters  the  people  no  longer  controlled  public 
affairs  by  their  individual  vote  and  acts,  but  the  functions  of 
government  were  performed  by  representatives  elected  by 
the  people. 

City  Charters  in  Illinois.  —Prior  to  the  adoption  of  the 
constitution  of  1870,  this  method  of  procedure  was  employed 
in  the  State  of  Illinois.  The  city  charters  granted  during 
that  period  were  similar  in  their  terms  and  conditions, 
though  there  are  considerable  differences  among  them  in  de- 
tails, one  city  being  given  different  powers  by  its  charter 
from  another.  To  obviate  this  confusion  in  the  powers  of 
city  governments,  the  constitution  now  prohibits  the  legis- 
lature from  enacting  any  local  or  special  laws  incorporating 
cities,  towns  and  villages.  Hence  the  only  special  charters 
of  cities  which  now  exist  in  the  State  of  Illinois  are  those 
granted  prior  to  the  adoption  of  the  constitution  of  1870. 
Omitting  the  details  of  these  special  charters,  we  will  con- 
sider the  general  law  of  the  State  under  which  all  cities  are 
now  incorporated. 

Incorporation  of  Cities. — This  law,  enacted  in  1872, 
provided  that  any  city  then  in  existence  might  be  incorpo- 
rated under  its  terms  if  the  proposition  to  do  this  should  re- 
ceive a  majority  of  the  votes  cast  at  an  election  called  for 
the  purpose  of  deciding  the  question. 

In  a  similar  way,  a  city  government  may  be  organized  un- 
der this  general  law  whenever  any  area  of  contiguous  terri- 
tory not  exceeding  four  square  miles  in  extent  has  resident 
thereon  a  population  of  not  less  than  1,000  inhabitants.  The 
City  of  Chicago  in  1875  adopted  this  general  law  for  its  char- 
ter in  lieu  of  the  special  charter  granted  to  it  by  the  legis- 
lature in  1863.    As  this  city  is  by  far  the  largest  and  most 


THE    GOVERNMENT    OF    CITIES  193 

important  in  the  State  in  population,  territory,  wealth  and 
commercial  interests,  its  departments  and  public  offices  will 
be  taken  as  the  basis  for  explaining  the  scheme  of  municipal 
government  provided  by  the  general  laws  of  the  State  of 
Illinois. 

The  city  government  has  a  legislative  and  executive  de- 
partment, whose  duties  are  clearly  defined.  It  has  no  judi- 
cial department,  except  the  police  courts,  which  determine 
minor  cases  of  a  criminal  nature. 

The  Legislative  Department. —  The  power  of  making 
laws  for  the  government  of  the  city  is  vested  in  the  city 
council,  composed  of  the  mayor  and  the  aldermen,  who  are 
representatives  of  the  different  wards  into  which  the  city  is 
divided.  The  wards  vary  in  number  according  to  the  popu- 
lation and  territorial  size  of  the  city,  from  three  in  cities  hav- 
ing a  population  not  exceeding  3,000  inhabitants  to  thirty- 
five,  which  is  the  largest  number  of  wards  into  which  any 
city  can  be  divided. 

The  statute  provides  that  in  cities  not  exceeding  3,000  in- 
habitants there  shall  be  six  aldermen ;  in  cities  whose  popu- 
lation does  not  exceed  30,000  inhabitants  fourteen  aldermen 
and  two  additional  aldermen  for  every  20,000  inhabitants 
over  30,000 ;  and  in  cities  of  over  350,000  inhabitants  there 
shall  be  elected  forty-eight  aldermen  and  no  more,  unless 
additional  territory  shall  be  annexed  to  such  city  after  the 
city  has  been  divided  into  wards  on  the  basis  of  forty-eight 
aldermen.  When  such  annexation  takes  place  and  three  or 
more  square  miles  of  territory,  or  from  15,000  inhabitants  to 
25,000  inhabitants,  are  annexed,  then  the  annexed  territory 
constitutes  a  ward  of  the  city  and  two  additional  aldermen 
are  elected. 

In  the  City  of  Chicago,  by  reason  of  successive  annexa- 
tions,- there  are  now  thirty-five  wards  and  consequently 


194  STATE  GOVERNMENT 

seventy  aldermen.  This  number  cannot  be  increased,  and 
in  case  of  future  annexations  it  will  be  necessary  to  redis- 
trict  the  city  in  order  to  give  the  inhabitants  of  such  annexed 
territory  some  representation  in  the  city  council. 

Aldermen.  — A  person  to  be  an  alderman  must  be  a  qual- 
ified voter,  and  he  must  reside  within  the  ward  for  which  he 
is  elected.  He  is  ineligible  if  he  is  in  arrears  in  the  payment 
of  any  tax  or  other  liability  due  to  the  city,  or  if  he  has  ever 
been  convicted  of  malfeasance,  bribery,  or  other  corrupt 
practice  or  crime.  He  must  not  be  interested  directly  or  in- 
directly in  any  contract  to  which  the  city  is  a  party.  He 
cannot  hold  any  other  ofiice  under  the  city  government,  and 
he  must  not  be  engaged,  either  individually  or  as  a  member 
of  a  firm,  in  any  business  transaction  with  the  city,  or  with 
any  of  its  officers,  whereby  any  money  is  to  be  paid,  directly 
or  indirectly,  out  of  the  treasury. 

Powers  of  the  City  Council. — The  laws  made  by  the 
city  council  are  called  ordinances,  and  are  as  binding  upon 
the  citizens  as  the  laws  of  the  State  and  nation,  but  no  city 
council  can  enact  an  ordinance  which  in  any  way  is  contrary 
to  the  constitution  or  laws  of  the  State  or  of  the  United 
States. 

It  may  at  first  appear  as  if  the  subjects  upon  which  a  city 
council  can  legislate  are  few,  and  that  the  office  of  alder- 
man or  member  of  such  a  council  is  hot  an  important  one, 
but  the  contrary  is  the  case.  If  we  analyze  the  conditions  of 
life  at  the  present  day,  it  will  be  found  that  a  large  number 
of  matters  affecting  the  daily  welfare,  happiness  and  health 
of  the  citizen  come  under  the  authority  of  a  city  government. 
So  extensive  are  the  powers  of  a  city  council  that  the  enu- 
meration of  them  requires  ninety-six  separate  paragraphs 
of  the  statute.    These  powers  may  be  generalized  as  follows  : 

I.  The  city  government,  through  its  council,  levies  all 


THE    GOVERNMENT    OF    CITIES  195 

taxes  necessary  for  the  support  of  the  city  government  and 
directs  its  financial  afTairs. 

2.  It  controls  the  police  force,  which  is  charged  with  pro- 
tecting life  and  property  and  enforcing  the  laws  in  all  sec- 
tions of  the  city,  and  it  establishes  and  maintains  the  police 
courts. 

3.  It  supports  a  fire  department.  The  necessity  of  the 
proper  management  of  this  departmejit  of  the  city  govern- 
ment has  been  made  painfully  apparent  in  cities  of  the 
United  States  by  a  series  of  great  conflagrations  which,  in 
many  cases,  have  destroyed  large  portions  of  the  city  and 
inflicted  an  enormous  loss  upon  public  and  private  interests. 

4.  It  has  the  care  of  streets,  alleys  and  public  grounds, 
including  the  regulation  of  the  lighting  by  gas  and  elec- 
tricity and  the  construction  and  control  of  a  system  of 
sewerage.  It  is  important  that  the  streets  should  be  of  uni- 
form width,  with  durable  pavements,  good  sidewalks  and 
curbs.  The  question  of  sewerage  and  its  proper  disposal 
is  of  vital  interest,  because  upon  this  largely  depends  the 
health  of  the  people. 

5.  It  constructs  and  maintains  a  system  of  water  works, 
that  all  citizens  in  their  homes  and  places  of  business  may 
receive  an  ample  supply  of  water  both  for  drinking  and 
sanitary  purposes.  The  city  council  has  the  pewer  of  fram- 
ing laws  to  provide  such  a  system  and  to  maintain  and  pre- 
serve its  eflficiency. 

6.  It  protects  the  health  of  the  citizens  and  prevents  the 
spread  of  contagious  diseases  by  the  enactment  of  necessary 
ordinances  and  by  the  appointment  of  a  Commissioner  of 
Health,  whose  duty  it  is  to  enforce  such  ordinances  and 
laws  as  may  be  enacted  by  the  city  council  or  the  State  leg- 
islature for  protecting  the  health  of  the  people. 

7.  It  maintains  city  prisons  as  an  adjunct  of  the  police 


19G  STATE  GOVERNMENT 

department,  in  which  violators  of  the  law  may  be  confined, 
until  such  time  as  their  cases  are  heard  by  some  competent 
court  and  they  are  either  discharged  or  committed  to  the 
county  and  State  institutions. 

8.  It  supervises  and  controls  the  traffic  in  alcoholic 
liquors,  to  protect  the  general  welfare  of  the  community. 
The  evils  of  the  indulgence  in  and  the  misuse  of  alcoholic 
liquors  are  apparent  in  every  commimity,  and  while  the 
manufacture  and  sale  of  liquor  is  not  illegal,  still  it  is  neces- 
sary to  place  it  under  restrictions. 

Therefore,  it  is  provided  that  any  one  wishing  to  engage 
in  the  sale  of  liquor,  after  complying  with  the  laws  of  the 
State  and  the  United  States  relating  thereto,  is  also  obliged 
to  obtain  a  license  from  the  city  government.  These  licenses 
should  be  issued  only  to  responsible  persons,  who  will  ob- 
serve the  laws  governing  the  liquor  traffic.  Unfortunately, 
in  many  of  our  large  cities  these  precautions  are  not  ob- 
served and  much  of  the  crime  and  unhappiness  connected 
with  life  in  a  great  city  can  be  traced  to  the  negligence  of 
city  officials  in  respect  to  this  subject. 

9.  The  regulation  of  street  railroads  is  another  of  the 
important  duties  to  be  performed  by  the  city  government. 
The  city  council  can  grant  to  companies  or  individuals  a 
charter,  permitting  them  to  operate  railroads  upon  the 
streets  of  the  city. 

These  railroads  in  large  cities  have  been  eno-rmously 
profitable,  and  frequently  the  company,  after  its  right  to 
conduct  a  railroad  has  become  vested,  has  managed  its 
affairs  with  too  little  regard  for  the  comfort  and  conveni- 
ence of  the  public.  It  is  the  duty  of  the  city  council  in 
granting  such  charters  to  see  that  proper  precautions  are 
taken  to  protect  the  citizens.  The  streets  are  public  prop- 
erty and  persons  or  corporations  using  them  for  profit 


THE    GOVERNMENT    OF    CITIES  197 

should  be  required  to  pay  to  the  city  government  a  proper 
compensation  for  their  use,  and  to  provide  suitable  accom- 
modations for  the  convenience  of  the  people. 

10.  The  city  council  has  authority  to  regulate  the  erec- 
tion of  private  buildings.  This  may  seem  an  invasion 
of  the  right  of  an  owner  of  land  to  erect  a  building  of  such 
size  and  style  of  construction  as  he  chooses,  but  reflection 
will  show  that  unless  proper  precautions  are  taken  to  erect 
buildings  of  such  materials  as  to  prevent  the  rapid  spread  of 
fire,  and  of  such  construction  as  to  prevent  accidents  to  their 
occupants  and  people  passing  upon  the  streets,  and  with 
such  sanitary  arrangements  as  will  protect  the  health  of  the 
community,  the  public  is  likely  to  suffer. 

11.  It  supervises  the  management  of  the  charities,  public 
hospitals  and  asylums  belonging  to  the  city. 

12.  It  has  the  power  to  prohibit  any  offensive  or  unwhole- 
some business  or  establishment  within  the  city  limits  and  to 
direct  the  location  and  regulate  the  use  and  construction  of 
breweries,  packing  houses,  distilleries,  livery  stables,  black- 
smith shops,  soap  factories  and  other  buildings  used  for 
purposes  that  may  be  obnoxious  to  the  citizens. 

13.  It  can  establish  public  libraries  and  reading  rooms  for 
the  free  use  of  the  people  and  can  levy  taxes  for  the  support 
of  the  same. 

The  foregoing  are  among  the  more  important  powers  and 
duties  of  the  city  government.  While  not  complete,  this 
summary  serves  to  show  the  complexity  of  life  in  a  great 
city  and  the  necessity  for  an  intelligent  management  of 
public  affairs. 

The  Executive  Department— The  Mayor.— The  ex- 
ecutive department  of  the  city  is  represented  by  the  mayor, 
who  is  the  chief  executive  officer  and  is  elected  by  the  peo- 
ple for  a  term  of  two  years.    He  is  vested  with  some  control 


198  STATE   GOVERNMENT 

over  the  legislative  acts  of  the  city  council,  because  he  has 
the  power  of  vetoing  any  measure  which  he  may  deem 
prejudicial  to  the  public  interest,  and  in  case  of  a  veto  a  two- 
thirds  vote  of  the  entire  city  council  is  required  to  enact  the 
law.  He  must  preside  at  the  meetings  of  the  city  council, 
but  has  no  vote  except  in  case  of  a  tie,  and  then  he  gives  the 
deciding  vote. 

The  mayor  has  the  authority  to  appoint  all  non-elective 
officers  of  the  city  and  to  fill  all  vacancies  in  such  offices  by 
and  with  the  advice  and  consent  of  the  city  council.  This 
power  is  one  of  great  importance,  but  owing  to  the  enact- 
ment of  the  civil  service  law  it  has  been  largely  curtailed, 
so  that  at  the  present  time  the  right  of  appointment  by  the 
mayor  is  restricted  to  heads  of  departments  and  a  few  offi- 
cers specially  exempted  from  the  operation  of  the  civil 
service  law.* 

Upon  a  formal  charge,  the  mayor  can  remove  any  officer 
appointed  by  him  if,  in  his  opinion,  the  interests  of  the  city 
demand  such  removal,  subject,  however,  to  the  provisions  of 
the  civil  service  law.  He  may  exercise  within  the  city 
limits  the  powers  of  the  sherifif  to  suppress  disorder  and 
keep  the  peace.  He  has  the  right  to  pardon  any  person  who 
has  violated  any  of  the  city  ordinances.  He  is  required  to 
perform  all  duties  prescribed  by  the  city  ordinances,  to  see 
that  the  laws  and  ordinances  are  faithfully  executed,  to  give 
to  the  city  council,  from  time  to  time,  information  concern- 
ing the  affairs  of  the  city,  and  to  recommend  such  meas- 
ures as  he  may  deem  proper.  In  case  of  malfeasance  in  of- 
fice he  is  liable  to  indictment  in  any  court  of  competent 
jurisdiction,  and  on  conviction  he  may  be  fined  in  a  sum 
not  exceeding  $  I, coo  and  be  removed  from  office. 

•See  page  203. 


THE    GOVERNMENT    OF    CITIES  199 

Other  Executive  Officers. — The  city  council  may,  in 
its  discretion,  provide  for  appointment  by  the  mayor,  with 
the  approval  of  the  city  council,  of  a  Superintendent  of 
Streets,  a  Corporation  CdTThsel  and  a  City  Comptroller,  or 
any  or  either  of  them,  and  such  other  officers  as  the  council 
may  deem  necessary  for  the  proper  transaction  of  the  busi- 
ness of  the  city. 

Taking  the  City  of  Chicago  as  an  example,  we  shall  con- 
sider briefly  the  duties  of  the  more  important  municipal  of- 
ficers, commencing  with  those  which  are  created  by  the 
general  laws  of  the  State  and  afterward  considering  those 
that  have  been  created  by  the  city  council. 

ClcrJi-. — The  City  Clerk  has  the  custody  of  the  corporate 
seal  of  the  city  and  all  papers  belonging  to  the  city.  He 
must  attend  all  meetings  of  the  city  council,  keep  a  record  of 
its  proceedings  and  furnish  certified  copies  of  the  same 
whenever  required.  In  a  book  specifically  prepared  for  that 
purpose,  he  records  all  ordinances  passed  by  the  city  council 
and  upon  it  must  make  a  memorandum  of  the  date  of  the 
passage  and  other  proceedings  necessary  to  show  that  the 
ordinance  has  been  legally  adopted  by  the  city  council. 

Treasurer. — The  City  Treasurer  is  required  by  law  to  re- 
ceive all  moneys  belonging  to  the  city,  and  to  keep  his  ac- 
counts in  such  a  manner  as  the  city  council  may  prescribe, 
which  accounts  are  always  subject  to  the  inspection  of  any 
member  of  the  city  council.  Every  person  paying  money 
into  the  treasury  receives  from  him  a  receipt  specifying  the 
date  and  purpose  of  payment.  He  is  obliged  to  furnish  a 
monthly  statement  of  the  financial  affairs  of  the  city  and  to 
keep  all  moneys  belonging  to  the  city  on  deposit  as  directed 
by  ordinance.  He  can  pay  out  money  only  upon  warrants 
drawn  upon  him,  which  must  be  signed  by  the  mayor  and 
countersigned  by  the  city  comptroller. 


200  STATE   GOVERNMENT 

The  City  Attorney  is  required  to  assist  the  corporation 
counsel  and  to  perform  such  legal  duties  as  may  be  re- 
quired of  him  by  the  city  council  or  any  of  its  committees. 
He  must  keep  a  proper  record' of  all  actions  in  court  in 
which  he  appears,  and  in  which  the  city  is  a  party,  and  of 
all  proceedings  in  such  suits.  The  city  attorney  takes 
charge  of  those  actions  which  are  brought  in  great  num- 
bers every  year  to  recover  damages  for  personal  injuries 
occasioned  by  defective  sidewalks,  streets  and  public  build- 
ings. He  is  elected  by  the  people  at  the  same  time  as  the 
mayor,  treasurer  and  clerk. 

Collector. — The  City  Collector  receives  certain  moneys 
which  are  due  to  the  city  from  license  fees  paid  by  saloon- 
keepers, peddlers,  brokers  and  others.  He  must  turn  over 
his  receipts  daily  to  the  city  treasurer.  He  also  collects 
special  assessments  levied  by  the  city  for  street  improve- 
ments, as  paving,  sewers,  lamp-posts  and  sidewalks. 

Comptroller. — The  City  Comptroller  exercises  a  general 
supervision  over  all  the  officers  of  the  city  who  are  in  any 
manner  charged  with  the  receipt,  collection  or  disbursement 
of  the  revenues  of  the  city ;  he  has  the  custody  and  control 
of  all  deeds,  leases,  warrants,  vouchers  and  papers  of  any 
kind  which  are  not  in  charge  of  other  officers. 

He  must  submit  annually  to  the  city  council  a  report  of 
his  estimates  of  the  money  necessary  to  defray  the  expenses 
of  the  city  government  during  the  year,  and  he  is  also 
required  to  perform  such  other  financial  duties  as  may  be 
imposed  upon  him  by  the  city  council.  All  orders  on  the 
city  treasurer  for  the  disbursement  of  money  must  be  coun- 
tersigned by  the  comptroller.  In  cities  which  have  no 
comptroller  these  duties  are  performed  by  the  city  clerk. 
The  treasurer,  comptroller  and  clerk,  together  with  their 


THE    GOVERNMENT    OF    CITIES  201 

assistants  and  clerks,  constitute  the  financial  department  of 
the  city  government.* 

Civil  Service  Commission.—  The  civil  service  law 
was  passed  by  the  legislature  in  1895,  for  the  reason  that  the 
vesting  of  the  power  to  appoint  the  thousands  of  public  offi- 
cers in  the  City  of  Chicago  to  their  respective  positions  was 
too  important  to  the  welfare  of  the  city  and  the  proper  man- 
agement of  its  interests  to  be  confided  to  one  person.  Prior 
to  the  enactment  of  this  law,  it  had  been  more  or  less  custo- 
mary for  each  mayor  upon  his  accession  to  office  to  remove 
a  large  portion  of  the  employees  of  the  city  and  to  appoint 
others  to  these  positions,  the  appointees  being  largely 
chosen  from  the  political  party  of  which  the  mayor  hap- 
pened to  be  a  member.  Consequently  it  followed  that  no 
city  officer  had  a  certain  tenure  of  office  and  that  a  large 
majority  of  the  employees  were  likely  to  be  changed  every 
two  years.  Considering  the  magnitude  of  the  business 
transacted  by  the  city  and  the  necessity  of  obtaining  officers 
and  clerks  possessed  of  ability  and  experience,  these  fre- 
quent changes  were,  undoubtedly,  detrimental.  In  fact, 
the  same  considerations  which  have  prompted  the  enact- 
ment of  a  national  civil  service  law  apply  with  equal  force 
to  the  civil  service  of  cities. 

The  civil  service  law  created  a  Civil  Service  Commis- 
sion composed  of  three  members,  no  more  than  two  of 
whom  at  the  time  of  their  appointment  can  be  members  of 
the  same  political  party,  and  none  of  these  commissioners 
can  hold  any  other  lucrative  office  or  employment  either 
under  the  United  States,  the  State  of  Illinois  or  any  munici- 
pality. The  commissioners  are  appointed  by  the  mayor. 
It  is  their  duty  to  classify  all  offices  and  places  of  employ- 

•See  page  204. 


202  STATE   GOVERNMENT 

ment  in  the  city  with  reference  to  the  examinations  of  ap- 
pHcants  for  such  positions. 

The  offices  and  places  so  classified  by  the  commission 
constitute  the  classified  civil  service  of  the  city,  and  no 
appointments  to  any  of  these  positions  can  be  made  except 
under  the  provisions  of  the  civil  service  law.  All  appli- 
cants for  such  positions  are  required  to  take  an  examina- 
tion which  must  be  public,  competitive  and  free  to  all 
citizens  of  the  United  States,  subject  to  such  limitations  as 
to  residence,  age,  health  and  moral  character  as  the  com- 
missioners may  specify  by  their  rules.  These  examinations 
must  be  practical  in  their  character  and  relate  to  those  mat- 
ters which  test  the  relative  capacity  of  the  persons  examined 
to  discharge  the  duties  of  the  positions  to  which  they  seek 
to  be  appointed,  and  include  tests  of  physical  qualifications, 
health  and  manual  skill.  No  questions  can  be  asked  which 
relate  to  political  or  religious  opinions  or  affiliations. 

Whenever  the  head  of  any  department  in  the  city  govern- 
ment notifies  the  civil  service  commission  that  any  posi- 
tion in  the  classified  civil  service  is  vacant,  the  commission 
must  certify  to  the  appointing  officer  the  name  and  address 
of  the  candidate  standing  highest  upon  the  list  of  those  who 
have  passed  the  proper  examination  for  such  a  position,  and 
the  officer  whose  duty  it  is  to  make  an  appointment  is  re- 
quired to  appoint  the  person  certified  to  him  by  the  com- 
mission. In  this  way  the  question  as  to  who  shall  fill  a 
particular  place  in  the  city  government  is  settled  solely  by 
competitive  examinations,  and  presumably  the  best  quali- 
fied person  is  appointed  to  the  office. 

The  person  so  appointed  holds  his  office  for  a  short  period 
upon  probation,  during  which  time  he  may  be  discharged 
with  the  consent  of  the  commissioners,  but  after  the  period 


THE    GOVERNMENT    OF    CITIES  203 

of  probation  has  passed  no  employee  in  the  classified  civil 
service  can  be  discharged  unless  charges  in  writing  against 
him  have  been  filed  with  the  commissioners.  In  case  such 
charges  are  filed,  it  is  the  duty  of  the  commissioners  to 
hear  and  determine  the  same  and  their  decision  is  final. 

The  classified  civil  service  of  the  city  includes  all  tne 
officers  of  the  city,  with  the  exception  of  those  who  are 
elected  by  the  people,  those  who  are  elected  by  the  city 
council  pursuant  to  the  city  charter,  those  whose  appoint- 
ment is  subject  to  confirmation  by  the  city  council,  judges 
and  clerks  of  election,  members  of  the  board  of  education, 
the  superintendent  and  teachers  of  schools,  heads  of  any 
principal  department  of  the  city,  members  of  the  law  de- 
partment and  one  private  secretary  to  the  mayor.  With 
these  exceptions,  the  appointment  to  all  offices  and  places 
of  employment  in  the  city  must  be  in  accordance  with  the 
provisions  of  the  civil  service  law. 

Departments  and  Their  Officers. — The  foregoing  are 
the  only  officers  specifically  mentioned  by  the  law  of  the 
State  governing  the  administration  of  city  affairs,  but  the 
city  council  has  the  power  to  create  such  other  officers  and 
places  of  employment  as  it  may  deem  necessary  and  expe- 
dient for  the  proper  transaction  of  public  business.  It 
also  fixes  the  compensation  of  the  persons  filling  the 
offices  so  created,  defines  their  duties  and  limits  their  terms 
of  office,  which  cannot  exceed  two  years. 

Under  this  power  the  city  council  of  every  city  finds  it 
necessary  to  act,  and  the  number  of  offices  created  will 
depend  necessarily  upon  the  size  of  the  city,  which  deter- 
mines the  volume  of  public  business  to  be  transacted. 

The  City  of  Chicago  will  be  taken  as  an  example, 
because,  for  reasons  already  stated,  its  government  illus- 


204:  STATE   GOVERNMENT 

trates  the  powers  which  may  be  exercised  by  city  officers 
more  completely  than  that  of  any  other  city  in  the  State. 
This  city  expends  annually  for  municipal  purposes  more 
than  $16,000,000,  and  it  is  apparent  that  a  large  number  of 
officers  and  employees  are  needed  for  the  purpose  of  dis- 
bursing this  money  wisely  and  economically  and  properly 
conducting  the  numerous  branches  of  public  work  for 
which  it  is  expended.  The  business  of  the  city,  like  that 
of  the  national  government,  is  divided  into  departments, 
each  of  which  has  a  chief  officer  and  numerous  subordi- 
nates, for  whose  conduct  he  is  responsible.* 

The  Department  of  Public  Worlcs,  as  its  name  indicates, 
has  charge  of  the  various  public  grounds,  buildings  and 
streets  of  the  city.  The  Commissioner  of  Public  Works 
is  the  chief  officer  of  the  department,  and  it  is  his  duty  to 
take  special  charge  of  all  of  the  public  grounds  of  the  city, 
including  streets,  sidewalks,  parks  and  other  tracts  of  land 
belonging  to  or  under  the  control  of  the  city. 

The  public  buildings  of  the  city,  such  as  the  city  hall,  po- 
lice stations,  engine  houses  and  pumping  stations,  and  the 
various  electric-lighting  plants  owned  by  the  city,  are  under 
his  control.  All  street  improvements  come  within  the  scope 
of  his  department,  and  he  must  supervise  expenditures  of 
money  for  any  of  the  objects  above  named.  This  impor- 
tant department,  with  its  numerous  ramifications,  is  divided 
into  various  bureaus,  each  of  which  is  under  the  charge  of 
a  chief  officer,  who  is  accountable  to  the  commissioner  of 
public  works. 

The  more  important  of  these  officers  are  the  City  Engi- 
neer, who  prepares  the  plans  and  has  general  supervision 
of  the  buildings  and  repairing  of  bridges,  water  works,  the 


♦The  Department  of  Finance  has  already  been  described.    See  page  201. 


THE  GOVERNMENT  OF  CITIES  205 

laying  of  water  pipes  and  the  construction  of  viaducts,  and 
all  other  public  work  requiring  engineering  skill ;  the 
Superintendent  of  Streets,  who  directs  the  work  of  improv- 
ing and  repairing  streets,  alleys  and  sidewalks ;  the  Super- 
intendent of  the  Water  Office,  who  has  charge  of  the  col- 
lection of  water  taxes  which  the  city  council  levies  upon 
citizens  for  the  use  of  the  municipal  water  system ;  the 
Superintendent  of  Sewers,  who  supervises  the  construction 
of  the  sewer  system  of  the  city  and  all  repairs  and  altera- 
tions in  the  same ;  the  Superintendent  of  Maps,  who  keeps 
a  record  of  all  maps  and  plats  of  ground  in  the  city  and  of 
the  numbering  of  houses  and  other  buildings  upon  the 
various  streets. 

The  Building  Department. — The  head  of  this  department 
is  the  Commissioner  of  Buildings,  and  it  is  his  duty  to  see 
that  all  ordinances  relating  to  the  construction  of  buildings 
and  of  elevators  are  properly  enforced,  as  well  as  ordi- 
nances preventing  destructive  fires.  He  is  required  to 
inspect  all  public  buildings  in  the  city,  such  as  school- 
houses,  churches,  theaters  and  factories,  to  ascertain 
whether  or  not  they  are  properly  constructed  and  main- 
tained, and  to  see  that  suitable  provisions  have  been  made 
for  the  escape  of  persons  from  them  in  case  of  fire. 

The  ordinances  of  the  city  require  that  workshops  and 
factories  shall  be  properly  ventilated,  have  suitable  sanitary 
appliances  and  that  their  heating  apparatus  must  be  in  a  safe 
condition  at  all  times.  It  is  the  duty  of  the  commissioner 
of  buildings  to  see  that  these  laws  are  enforced.  A  num- 
ber of  inspectors  are  employed  in  this  department,  who 
must  be  competent  to  judge  whether  or  not  buildings  and 
elevators  in  them  are  properly  constructed  and  kept  in  a 
safe  condition. 

The  Department  of  Lazu  includes  the  Corporation  Coun- . 


206  STATE   GOVERNMENT 

sel,  the  City  Attorney,  Prosecuting  Attorney  and  their 
assistants.  The  principal  officer  of  this  department  is  the 
corporation  counsel,  who  is  appointed  by  the  mayor  and 
who  holds  his  office  for  the  term  of  two  years.  He  has 
the  power  of  appointing  all  assistants  and  clerks  in  his 
office,  and  all  officers  in  the  law  department  are  expressly 
exempted  from  the  operation  of  the  civil  service  law.  It 
is  his  duty  to  superintend,  and,  with  the  assistance  of  the 
City  Attorney  and  the  Prosecuting  Attorney,  to  conduct 
all  the  law  business  of  the  city ;  to  prepare  such  ordinances 
as  are  required  of  him  by  the  city  council  and  all  legal 
documents  needed  in  connection  with  the  transaction  of 
thf^  city's  business.  He  is  also  required  to  furnish  written 
opinions  upon  subjects  submitted  to  him  by  the  mayor  or 
the  city  council  pr  any  department  of  the  city  government. 

*The  Prosecuting  Attorney  is  appointed  by  the  mayor, 
with  the  advice  and  consent  of  the  city  council,  and  it  is  his 
duty  to  prosecute  all  actions  for  the  violations  of  the  ordi- 
nances of  the  city. 

Police  Courts. — These  courts  are  held  by  certain  justices 
of  the  peace,  who  are  designated  by  the  mayor  for  that 
purpose  and  are  called  Police  Magistrates.  They  hold 
court  at  different  police  stations  in  the  city  of  Chicago,  and 
all  persons  arrested  by  the  police  are  tried  before  a  police 
magistrate.  If  the  person  is  charged  with  an  oflfense  within 
the  jurisdiction  of  a  justice  of  the  peace  he  is  tried  and 
fined  for  his  offense,  but  if  the  crime  with  which  he  is 
charged  is  of  greater  magnitude  than  the  law  allows  jus- 
tices of  the  peace  to  hear  and  determine,  he  is  then  com- 
mitted to  jail  to  await  the  action  of  the  grand  jury.  Pris- 
oners who  are  fined  by  police  magistrates  are  committed 

*The  duties  of  the  City  Attorney  have  been  described  heretofore.  See 
page  200. 


THE  GOVERNMENT  OF  CITIES  307 

to  the  house  of  correction,  unless  the  line  is  paid,  for  vary- 
ing terms,  according  to  the  amount  of  the  fine  imposed. 

The  clerks  and  bailiflfs  of  police  courts  are  also  appointed 
by  the  mayor,  with  the  advice  and  consent  of  the  city 
council.  The  clerk,  as  in  other  courts,  is  required  to  keep 
a  record  of  the  proceedings  of  the  court  and  to  make  a 
report  of  the  same  to  the  comptroller  and  to  pay  over  to 
the  treasurer  all  moneys  received  from  fines. 

House  of  Correction. — The  House  of  Correction,  which  is 
a  prison  maintained  by  the  city  government  and  is  com- 
monly known  as  the  Bridewell,  is  under  the  control  of  a 
Board  of  Inspectors  composed  of  three  members,  who  are 
appointed  by  the  mayor.  There  is  a  superintendent  of  the 
House  of  Correction,  who  is  appointed  by  the  mayor,  and 
must  reside  at  the  institution  and  give  all  of  his  time  to  its 
affairs.  Prisoners  who  are  committed  by  police  magistrates 
to  this  prison  for  non-payment  of  fines  are  required  to  work 
at  some  kind  of  labor  and  are  allowed  a  credit  of  fifty  cents 
for  each  day's  work,  to  be  applied  on  the  payment  of  their 
fines.  When  an  amount  has  been  earned  equal  to  the  fine 
and  the  costs  of  suit,  the  prisoner  is  discharged. 

The  Department  of  Health  includes  the  offices  of  Com- 
missioner of  Health,  Superintendent  of  Police,  City  Physi- 
cian, and  such  other  assistants  and  employees  as  the  city 
council  may  prescribe.  The  officers  above  named  are  ap- 
pointed by  the  mayor,  but  the  appointment  of  the  subor- 
dinate officers  of  the  department  is  in  control  of  the  civil 
service  commission. 

It  is  the  duty  of  the  commissioner  of  health,  who  is  the 
head  of  the  department,  to  exercise  a  general  supervision 
over  the  sanitary  condition  of  the  city,  and  for  that  purpose 
to  employ  the  necessary  inspectors  and  sanitary  policemen. 
He  must  adopt  proper  measures  to  arrest  the  progress  of 


208  STATE   GOVERNMENT 

malignant,  contagious  and  pestilential  diseases,  and  to  see 
that  all  laws  of  the  State  and  ordinances  of  the  city  in  rela- 
tion to  sanitary  matters  are  enforced. 

It  is  an  office  of  the  greatest  importance  to  the  welfare  of 
the  people,  and  consequently  the  head  of  the  department  is 
vested  with  great  powers  which  he  can  exercise  in  case  of 
necessity,  such  as  quarantining  boats  and  railway  trains  and 
compelling  the  vaccination  of  persons  in  proper  cases.  He 
also  has  authority  to  enter  houses  or  other  buildings  and 
cause  them  to  be  cleansed,  disinfected  or  closed,  if  neces- 
sary, to  prevent  the  spread  of  contagious  diseases.  He  has 
charge  of  the  city  hospital,  which  is  maintained  for  the 
proper  care  of  persons  who  may  be  committed  to  it. 

The  City  Physician  is  required  to  give  proper  medical 
attention  to  patients  in  the  city  hospital,  police  stations  and 
city  prisons,  and  render  whatever  assistance  may  be  re- 
quired of  him  by  the  commissioner  of  health. 

The  Department  of  Police  includes  the  Superintendent  of 
Police,  who  is  the  head  of  the  department ;  a  Secretary  to 
the  Superintendent,  and  one  Captain  of  Police  for  each  of 
the  police  districts  into  which  the  city  is  divided,  and  such 
number  of  inspectors,  lieutenants,  detectives,  sergeants  and 
patrolmen  as  may  be  prescribed  by  the  city  council. 

The  superintendent  or  chief  of  police  is  appointed  by 
the  mayor,  with  the  advice  and  consent  of  the  city  council, 
but  the  appointment  of  all  other  police  officers  is  under  the 
control  of  the  civil  service  commission.  It  is  the  duty  of 
the  police  department  to  protect,  at  all  times,  the  rights  of 
persons  and  property,  and  to  preserve  peace  and  order 
throughout  the  city,  and  to  see  that  all  laws  of  the  State 
and  all  ordinances  of  the  city  are  properly  enforced.  The 
duties  of  police  officers  are  so  numerous  that  it  is  impossi- 
ble to  enumerate  them  except  in  this  general  way.     The 


THE  GOVERNMENT  OF  CITIES  209 

mayor  is  the  head  of  the  police  force,  but  its  actual  control 
is  vested  in  the  chief  of  police. 

The  Fire  Department  includes  a  large  number  of  officers. 
The  head  of  the  department  is  the  Fire  Marshal,  who  is  ap- 
pointed by  the  mayor,  and  holds  ofifice  for  a  term  of  two 
years.  There  are  also  a  number  of  assistant  fire  marshals, 
captains,  lieutenants,  engineers,  pipemen,  drivers,  truckmen 
and  telegraph  operators,  as  well  as  a  Superintendent  of  the 
City  Telegraph. 

The  fire  marshal  has  absolute  control  of  all  of  the  offi- 
cers and  members  of  the  department,  and  it  is  his  duty  to 
take  such  measures  as  will  protect  the  citizens  from  loss  by 
fire.  To  accomplish  this,  he  is  vested  with  extraordinary 
powers,  and  can  cause  the  removal  of  any  building  when- 
ever it  shall  become  necessary  to  prevent  the  spread  of 
fire,  and  can  destroy  any  building  or  other  structure  for 
that  purpose,  and,  if  necessary,  cause  the  same  to  be  blown 
up  with  powder  or  otherwise  during  the  progress  of  the 
fire. 

The  fire  marshal  and  his  assistants, are  also  vested  with 
police  powers,  and  can  arrest  any  disorderly  person  during 
the  time  of  a  fire  and  for  a  period  of  thirty-six  hours 
after  its  extinction.  It  is  the  duty  of  the  fire  marshal  to 
investigate  the  causes  of  fires  and  find  the  value  of  the 
property  destroyed,  and,  if  possible,  to  ascertain  whether  a 
fire  was  due  to  accident  or  to  the  act  of  an  incendiary. 

The  superintendent  of  the  city  telegraph  has  charge  of 
all  of  the  telegraph  apparatus  and  work  done  in  connection 
with  the  operations  of  the  police  and  fire  departments  of  the 
city. 

Various  Inspectors. — There  are  several  branches  of  in- 
dustry conducted  in  a  great  city,  which,  unless  precau- 
tions are  taken,  might  result  in  great  damage  to  property 


210  STATE   GOVERNMENT 

and  life.  It  is,  therefore,  the  duty  of  the  city  government 
to  arrange  for  the  proper  inspection  of  such  kinds  of  busi- 
ness, and  the  mayor  has  the  power  to  appoint  inspectors 
for  that  purpose.  Under  this  power  he  appoints  the  Inspec- 
tors of  Steam  Boilers,  the  Inspector  of  Gas  Meters,  the  In- 
spector of  Fish,  the  Inspector  of  Oil  and  the  Inspector  of 
Weights  and  Measures.  These  inspectors  see  that  persons 
carrying  on  business  with  the  articles  mentioned  so  con- 
duct their  affairs  as  not  to  endanger  either  the  life,  health 
or  property  of  the  citizen. 

The  Public  Library  is  established  under  ordinances  of  the 
city  council,  which  have  been  passed  pursuant  to  the  pro- 
visions of  the  laws  of  the  State.  These  laws  authorize 
any  city,  town  or  village  to  establish  a  free  public  library 
and  to  levy  a  tax  to  support  it.  The  Public  Library  and 
Reading  Room  of  the  City  of  Chicago  is  under  the  con- 
trol and  management  of  a  board  of  nine  directors,  who  are 
appointed  by  the  mayor  and  confirmed  by  the  council. 
These  directors  have  sole  charge  of  the  management  of  the 
library  and  the  expenditure  of  the  money  raised  by  taxation 
for  its  support.  They  appoint  the  librarian  and  assistants 
and  make  all  rules  relating  to  the  government  of  the  library. 
Parks  and  Boulevards. — The  principal  parks  and 
boulevards  in  the  City  of  Chicago  are  under  the  control  of 
different  Boards  of  Park  Commissioners,  existing  under 
acts  of  the  legi'Slature.  Lincoln  Park  and  the  boulevards 
connected  with  it  are  under  the  charge  of  the  Lincoln  Park 
Commissioners,  who  are  appointed  by  the  governor  and 
confirmed  by  the  senate.  The  West  Park  Commissioners 
are  appointed  in  the  same  way.     They  have  charge  of  the 

Note.— The  School  Department  of  the  City  exists  under  the  General  School 
Law  of  the  State,  and  therefore  its  operation  will  be  explained  in  a  subse- 
quent chapter  devoted   to  educational  matters.    See  Chapter  XXII. 


THE   GOVERNMENT   OF  CITIES  211 

parks  and  pleasure  drives  in  the  West  Division  of  the  city. 
Under  a  different  law,  the  South  Park  Commissioners  are 
appointed  by  the  judges  of  the  circuit  court  of  Cook 
County.  This  board  has  control  of  the  parks  in  the  South 
Division  of  the  city. 

All  of  these  park  boards  are  municipal  corporations 
separate  and  distinct  from  the  county,  city  or  town  in  which 
the  parks  and  boulevards  are  situated.  They  have  all  pow- 
ers necessary  to  enable  them  to  establish  and  maintain 
parks  and  boulevards,  including  the  power  to  exercise  the 
right  of  eminent  domain*  and  to  levy  special  assessments 
for  improvements  and  compel  payment  of  the  same  by  the 
persons  whose  property  is  benefited  thereby.  The  expense 
of  maintaining  the  parks  and  boulevards  is  paid  by  taxes 
levied  by  the  proper  authorities  of  the  different  municipali- 
ties in  which  they  are  located. 

Sanitary  District  of  Chicago —  This  is  another  munici- 
pal corporation,  created  by  the  laws  of  the  State,  existing 
within  the  same  territory  as  the  City  of  Chicago  and  other 
municipalities, but  having  a  separate  and  independent  exist- 
ence. The  district  was  organized  for  the  purpose  of  estab- 
lishing and  maintaining  a  drainage  system  by  which  the 
sewage  from  the  City  of  Chicago  may  be  diverted  from  the 
waters  of  Lake  Michigan  and  carried  by  a  common  outlet 
into  the  Illinois  River  and  thence  to  the  Mississippi  River. 
In  furtherance  of  this  object,  an  enormous  canal  has  been 
constructed  from  the  South  Branch  of  the  Chicago  River 
to  the  Desplaines  River,  which  is  to  be  filled  with  water 
from  Lake  Michigan.  The  canal  has  been  made  of  such 
size  and  constructed  in  such  a  manner  that  the  water  from 
the  lake  will  pass  through  it  at  the  rate  of  300,000  cubic 


•This  right  is  explained  in  Chapter  XXIII. 


213  STATE   GOVERNMENT 

feet  per  minute,  with  a  current  flowing  at  a  rate  not  ex- 
ceeding three  miles  per  hour. 

The  construction  of  this  canal  is  considered  one  of  the 
great  engineering  achievements  of  the  age,  and  the  total 
cost  of  the  work  is  estimated  at  about  $33,000,000,  all  of 
which  has  been  raised  by  taxation  of  the  people  of  the  dis- 
trict. 

The  affairs  of  the  district  are  under  the  control  of  nine 
Trustees  elected  by  the  people  and  holding  office  for  a  term 
of  five  years. 


CHAPTER  XXI. 
ELECTION  LAWS. 

In  any  democratic  form  of  government,  founded  upon 
the  principle  that  the  government  derives  all  its  powers 
from  the  consent  of  the  governed,  there  are  many  ques- 
tions which  must  be  submitted  to  and  decided  by  the  votes 
of  the  people.  All  the  important  executive  and  judicial 
officers  of  the  State  and  its  subdivisions,  members  of  the 
legislature,  county  commissioners  and  city  councils  are 
elected  by  the  people.  Many  governmental  propositions, 
such  as  the  adoption  of  township  organization  by  coun- 
ties, the  incorporation  of  villages  or  cities,  the  annexation 
of  territory  to  municipalities,  the  issuing  of  bonds  by  coun- 
ties or  school  districts,  and  amendments  to  the  constitu- 
tion of  the  State  must  be  ratified  by  a  vote  of  the  people 
before  they  become  operative. 

Therefore,  the  method  of  conducting  elections,  the  qual- 
ifications of  the  voters,  and  the  various  regulations  per- 
taining to  the  exercise  of  the  right  of  suffrage  or  the 
elective  franchise  are  matters  of  prime  importance  to  the 
citizens  of  the  State. 

The  right  of  voting  is  one  of  the  most  valuable  preroga- 
tives of  citizenship,  and  the  duty  of  voting  and  taking  part 
in  public  affairs  should  never  be  neglected  by  patriotic 
citizens. 

Citizens  and  Voters.— The  mistake  must  not  be  made 
of  supposing  that  every  citizen  has  the  right  to  vote.     The 

(313) 


314  STATE  GOVERNMENT 

laws  of  Illinois  restrict  the  exercise  of  the  right  of  suffrage 
to  those  male  citizens  of  the  United  States  above  the  age 
of  twenty-one  years  who  have  resided  in  the  State  one  year, 
in  the  county  ninety  days  and  in  the  election  district  thirty 
days  next  preceding  the  election.* 

The  term  ''citizen"  is  very  often  misunderstood.  A  citi- 
zen is  a  person  who  is  a  member  of  a  free  state,  and  while 
it  is  true  that  all  voters  must  be  citizens,  it  is  not  true  that 
all  citizens  are  voters.  All  persons  who  are  born  within 
the  State,  regardless  of  age  or  sex,  are  citizens ;  persons 
born  in  other  countries  may  become  citizens  by  complying 
with  the  laws  relating  to  naturalization.**  In  the  United 
States  all  persons  born  or  naturalized  in  the  country, 
and  subject  to  the  control  of  its  government,  are  citi- 
zens of  the  United  States  and  of  the  State  in  which  they 
reside.  This  does  not  include  Indians  on  reservations, 
who  are  treated  as  a  foreign  people  residing  within  our 
borders  and  preserving  their  original  tribal  form  of  gov- 
ernment. 

The  election  laws  of  the  State  minutely  provide  for  the 
registration  of  voters,  the  receiving  and  recording  of  the 
votes,  and  certifying  and  declaring  the  results  of  elections. 
We  will  consider  first  the  general  law  relating  to  the  sub- 
ject, which  applies  to  all  parts  of  the  State,  and,  secondly, 
the  special  law  relating  to  the  holding  of  elections  in  cities, 
villages  and  incorporated  towns. 

GENERAL   ELECTION   LAW   OF   ILLINOIS. 

This  law  specifies  the  oflticers  to  be  chosen  by  the  votes 
of  the  people  of  the  State,  their  term  of  office  and  the 
time  of  holding  the  election  in  each  case.     This    list    in- 

*  As  to  the  riffht  of  women  to  vote  at  school  elections,  see  page  244. 
**  See  page  64. 


ELECTION   LAWS  315 

eludes  all  officers  mentioned  in  the  preceding  chapters, 
except  those  who  receive  their  positions  by  appointment. 

Precincts. — For  the  purpose  of  holding  elections  the 
State  is  divided  into  election  precincts.  In  counties  under 
township  organization  each  town  constitutes  an  election 
precinct,  but  towns  may  be  divided  into  two  or  more  pre- 
cincts. In  counties  not  under  township  organization  the 
territory  is  divided  into  election  precincts  by  the  board  of 
county  commissioners.  It  is  not  desirable  that  more  than 
four  hundred  and  fifty  persons  should  vote  at  one  place, 
hence  all  precincts  which  contain  more  than  four  hundred 
and  fifty  voters. are  divided  into  election  districts,  so  that 
each  district  shall  contain  as  nearly  as  may  be  practicable 
four  hundred  voters,  thus  requiring  a  frequent  rearrange- 
ment of  election,  districts. 

Polling  Place. — ^There  must  be  one  polling  place  in  each 
district,  located  upon  the  ground  floor  and  in  the  front 
room  of  a  building,  with  entrance  from  a  public  street  at 
least  forty  feet  in  width,  and  as  near  the  center  of  the 
voting  population  of  the  district  as  is  practicable.  In  no 
case  shall  an  election  be  held  in  any  room  used  or  occupied 
as  a  saloon,  billiard  hall,  bowling  alley,  or  in  any  place  of 
resort  for  idlers  and  disreputable  persons. 

Judges  and  Clerks. — Three  judges  of  election  are  ap- 
pointed by  the  county  board  to  superintend  the  election 
in  each  precinct  or  district  and  to  see  that  the  law  relating 
to  the  holding  of  elections  is  strictly  observed.  A  person 
to  hold  the  office  of  judge  of  election  must  be  of  fair  char- 
acter, approved  integrity,  well  informed,  able  to  read,  write 
and  speak  the  English  language,  and  who  has  resided  in 
the  election  district  for  one  year  before  the  election  and  is 
entitled  to  vote  therein.     The  judges  of  election  choose 


316  STATE   GOVERNMENT 

three  persons  who  have  qualifications  similar  to  their  own 
to  act  as  clerks  of  the  election. 

The  Election. — A  notice  of  the  holding  of  any  general 
election  must  be  given  by  the  county  clerk  at  least  thirty 
days  before  the  time  of  holding  the  election,  and  copies  of 
this  notice  must  be  posted  in  three  of  the  most  public 
places  in  each  district.  The  polls  are  open  at  the  hour  of 
eight  o'clock  in  the  morning,  and  continue  open  until  seven 
o'clock  in  the  afternoon  of  the  same  day. 

Before  any  ballot  is  deposited  in  the  ballot  box,  the  box 
must  be  publicly  opened  and  exhibited,  and  the  judges  and 
clerks  shall  see  that  no  ballot  is  inside,  after  which  it 
is  locked  and  the  key  delivered  to  one  of  the  judges,  and  the 
box  must  not  be  opened  again  until  after  the  close  of  the 
polls.  Each  clerk  of  the  election  is  required  to  keep  a  poll 
list  containing  the  names  of  each  person  voting  in  regular 
succession.  The  voting  is  done  by  ballots,  which  are 
written  or  printed,  or  partly  written  and  partly  printed, 
upon  blank  paper,  with  the  name  of  each  candidate  voted 
for  and  the  title  of  the  office,  and  contain  the  names  of  all 
candidates  for  which  the  elector  intends  to  vote. 

Counting  the  Votes. — Upon  the  closing  of  the  polls  the 
judges  canvass  the  votes,  and  the  clerks  make  a  record  of 
the  number  of  votes  which  each  candidate  has  received. 
When  the  votes  have  been  examined  and  counted  the 
clerks  are  required  to  make  certificates  of  the  result,  which 
are  signed  by  the  judges  of  election.  One  such  certificate 
is  delivered  to  the  county  clerk,  another  mailed  to  the  sec- 
retary of  state,  and  another  deposited  with  the  town  clerk 
in  the  case  of  counties  under  township  organization,  and 
in  other  counties  the  third  list  is  retained  by  one  of  the 
judges. 

Within  seven  days  after  the  closing  of  the  election  the 


ELECTION   LAWS  217 

county  clerk  of  each  county,  with  the  assistance  of  two 
justices  of  the  peace  of  the  county,  open  the  returns 
and  make  abstracts  of  the  votes,  and  when  this  has  been 
done  the  county  clerk  is  required  to  issue  certificates  of 
election  to  the  various  candidates  having  the  highest  num- 
ber of  votes  for  the  several  county  offices.  In  the  case  of 
candidates  for  State  offices,  the  county  clerk  sends  a  com- 
plete abstract  of  votes  to  the  secretary  of  state,  to  be  can- 
vassed by  other  officers,  as  required  by  law  in  each  case. 

Miscellaneous  Provisions. — The  law  also  contains  numer- 
ous provisions  for  the  prevention  of  fraud  or  improper 
conduct  either  on  the  part  of  the  voters  or  the  judges  or 
clerks  of  election,  or  other  persons  who  may  be  interested 
in  the  result  of  the  election.  The  object  of  these  laws  is 
to  obtain,  by  means  of  an  election,  a  full,  free  and  fair 
expression  of  the  wishes  of  the  voters  upon  the  questions 
submitted  to  them ;  to  prevent  any  attempts  to  influence 
the  will  of  the  individual  voters  by  bribery,  intimidation 
or  other  corrupt  practices,  and  to  secure  a  fair  and  honest 
count  of  the  ballots  after  they  have  been  cast.* 

If  all  citizens  thoroughly  understood  their  rights  and 
duties  with  reference  to  the  elective  franchise,  such  laws 
would  probably  be  unnecessary,  but,  unfortunately,  the 
history  of  election  proceedings  has  shown  that  the  con- 
trary is  the  case. 

REGISTRY  OF  VOTERS. 
It  is  of  prime  importance  that  the  elective  franchise  be 
exercised  by  none  but  qualified  voters,  and,  therefore,  the 
legislature  has  enacted  a  general  law  for  the  registry  of 
electors  and  to  prevent  fraudulent  voting.  By  this  law 
the  judges  of  election  in  each  precinct  or  district  are  con- 


*See  Chapter  XLVI,  Revised  Statutes,  Sees.  79  to  93. 


218  STATE   GOVERNMENT 

slituted  a  board  of  registry  for  the  district,  and  are  re- 
quired to  meet  on  Tuesday,  three  weeks  before  the  elec- 
tion, and  make  a  register  of  all  persons  qualified  to  vote  at 
the  ensuing  election. 

The  register  must  contain  a  list  of  the  persons  entitled 
to  vote,  alphabetically  arranged,  showing  in  one  column 
the  name,  and,  in  another  column,  in  cities,  the  residence 
by  the  number  of  the  dwelling  house  and  the  name  of  the 
street,  or  other  location  of  the  dwelling  place  of  each 
person.  One  copy  of  this  register  is  filed  with  the  proper 
municipal  officer;  another  is  kept  by  one  of  the  judges  for 
revision,  and  a  third  copy  is  posted  in  a  conspicuous  place 
where  the  last  preceding  election  in  the  district  was  held. 
A  second  meeting  of  the  board  must  be  held  before  the 
election,  for  the  purpose  of  revising,  correcting  and  com- 
pleting the  lists. 

After  the  registry  has  been  revised  and  corrected  the 
board  must  make  two  copies  of  the  same,  one  of  which  is 
filed  in  the  office  of  the  town  or  city  clerk,  and  the  other 
is  delivered  to  the  judges  of  election,  to  be  preserved  for 
use  on  election  day.  Two  of  the  judges  must  be  present 
on  the  election  day  and  check  the  name  of  every  voter 
voting  in  the  district  whose  name  is  on  the  register.  No 
vote  can  be  received  if  the  name  of  the  person  offering  to 
vote  is  not  on  the  register,  unless  such  person  shall  furnish 
his  affidavit  in  writing,  showing  that  he  is  entitled  to  vote, 
and  prove  the  fact  further  by  the  oath  of  a  householder 
and  registered  voter  of  the  district.'  This  process  is  ordi- 
narily called  "swearing  in  a  vote." 

The  clerk  of  the  election  is  required  to  enter  on  the  poll 
list,  which  is  simply  a  list  of  voters  kept  by  him,  opposite 
the  name  of  each  person  voting,  the  same  memorandum 
as  is  required  to  be  entered  on  the  registry  list,  and  every 


ELECTION   LAWS  219 

elector,  at  the  time  of  offering  his  vote,  must  truly  state  his 
place  of  residence. 

Any  person  who  shall  cause  his  name  to  be  registered 
in  more  than  one  election  district,  or  who  shall  cause  his 
name  to  be  registered,  knowing  that  he  is  not  a  qualified 
voter  in  the  district,  or  who  falsely  personates  any  regis- 
tered voter,  is  liable  to  punishment  by  imprisonment  in  the 
State  prison  for  not  less  than  one  year. 

The  foregoing  are  the  main  provisions  of  the  general 
election  law  under  which  elections  are  held  in  all  parts  of 
the  State,  except  in  those  municipalities  which  have  adopted 
the  provisions  of  an  act,  originally  passed  in  the  year  1885 
and  subsequently  amended,  to  regulate  the  holding  of  elec- 
tions in  cities,  villages  and  incorporated  towns  of  this  State. 

ELECTIONS    IN    CITIES,    VILLAGES    AND    INCORPO- 
RATED TOWNS. 

This  law  may  be  adopted  by  the  electors  of  any  city,  vil- 
lage or  town  in  this  State,  provided  a  majority  of  the  votes 
cast  at  an  election  to  be  held  for  the  purpose  of  submitting 
to  the  voters  the  question  of  adopting  the  provisions  of  the 
act  shall  be  in  favor  of  its  adoption.  The  City  of  Chicago 
and  other  important  places  have  availed  themselves  of  the 
privilege,  and  have,  by  the  votes  of  the  people,  abandoned 
the  general  State  law  and  adopted  this  act,  because  the  pro- 
visions of  it  are  more  likely  to  insure  purity  and  honesty  in 
elections  than  those  of  the  general  law,  particularly  in  popu- 
lous communities. 

Election  Commissioners. — In  every  city  adopting  this  act 
there  is  created  a  Board  of  Election  Commissioners,  com- 
posed of  three  members,  appointed  by  the  county  court. 
Two  of  these  commissioners,  at  least,  shall  always  be 
selected  from  the  two  leading  political  parties  of  the  State, 


220  STATE   GOVERNMENT 

one  from  each  of  those  parties ;  they  shall  be  legal  voters 
and  householders,  residing  in  the  city,  and  men  of  well- 
known  political  convictions,  of  approved  integrity  and 
capacity. 

The  board  of  election  commissioners  is  organized  by 
choosing  one  of  their  number  as  chairman  and  one  as  secre- 
tary. They  must  at  once  secure  an  office  suitable  for  the 
transaction  of  their  business,  which  office  shall  be  kept  open 
every  day  during  business  hours,  except  Sundays  and  holi- 
days. It  is  the  duty  of  the  board  to  provide  all  necessary 
ballot  boxes  and  all  registry  books,  poll  books,  tally  sheets, 
blanks  and  stationery  of  every  description,  which  are  needed 
for  the  registry  of  voters  and  the  conduct  of  elections. 

Precincts. — Within  two  months  after  the  organization  of 
the  board,  it  is  its  duty  to  divide  the  city  into  election  pre- 
cincts, each  of  which  shall  contain,  as  nearly  as  practicable, 
three  hundred  actual  voters,  the  basis  on  which  the  division 
is  made  being  the  number  of  votes  cast  at  the  previous  presi- 
dential election.  The  precincts  are  subject  to  rearrange- 
ment at  stated  periods. 

Registration. — After  the  first  organization  of  thie  board  of 
commissioners,  it  must  prepare  for  a  new  and  general  reg- 
istration of  voters  for  the  next  general  election  to  be  held 
in  the  city.  At  least  sixty  days  prior  to  such  an  election,  the 
commissioners  are  required  to  select  as  judges  of  election 
three  electors  in  each  precinct.  The  persons  so  selected 
must  be  citizens  of  the  United  States,  legal  voters  of  good 
repute  and  character,  who  can  speak,  read  and  write  the 
English  language,  and  skilled  in  the  four  fundamental  rules 
of  arithmetic.  Two  clerks  for  each  precinct  must  also  be 
selected  by  the  commissioners  within  the  same  time,  who 
are  required  to  possess  substantially  the  same  qualifications 


ELECTION   LAWS  221 

as  the  judges.  In  a  similar  manner  judges  and  clerks  are 
selected  for  subsequent  elections. 

It  is  also  the  duty  of  the  board  of  commissioners  to  ap- 
point the  place  of  registry  and  the  polling  place  in  each  pre- 
cinct in  the  city,  to  give  public  notice  thereof,  to  cause  the 
place  to  be  warmed,  lighted  and  cleaned;  the  place  so 
selected  in  each  precinct  shall  be  in  the  most  public,  orderly 
and  convenient  portion  thereof,  and  must  not  be  in  a  build- 
ing in  which  intoxicating  liquor  is  sold. 

HoTV  the  Register  Is  Made. — The  judges  of  election  consti- 
tute the  Board  of  Registry  in  each  precinct,  and,  with  the 
election  clerks,  are  required  to  make  a  general  registration 
of  all  voters  in  the  precinct  in  every  year  in  which  a  congres- 
sional election  occurs,  and  just  prior  thereto.  The  first  day 
of  such  registration  is  on  Tuesday,  four  weeks  preceding 
the  election,  the  second  day  of  registration  being  Tuesday, 
three  weeks  before  the  election.  The  election  commis- 
sioners must  furnish  to  the  board  of  registry  three  books, 
two  of  which  are  prepared  substantially  as  shown  at  the 
top  of  the  following  page. 

The  third  book  is  called  the  Public  Register,  and  contains 
only  two  columns,  headed  Residence  and  Name.  The  public 
register  must  be  hung  up  on  or  before  noon  of  the  follow- 
ing day  at  the  place  of  registration,  so  as  to  be  accessible  to 
the  public  during  all  business  hours.  At  the  second  meet- 
ing of  the  board  of  registration  all  qualified  voters  who 
have  for  any  reason  failed  to  register  at  the  first  meeting, 
may  appear  and  demand  that  their  names  be  placed  upon 
the  list. 

A  study  of  the  following  sample  page  of  a  registry  book 
will  show  the  nature  of  the  inquiry  which  must  be  made 
by  the  judges  to  determine  whether  or  not  a  man  is  enti- 
tled to  vote : 


223 


STATE   GOVERNMENT 


REGISTER  OF  VOTERS. 


RESIDENCE. 


ADDRESS. 


h 


Term  of  Residence. 


NATIVITY. 


240  Ohio  St 

205  Ontario  St.  . . 
150  Dearborn  Ave 
131  Clark  St 


Ames,  John  J... Iowa 

Allen ,  John England . 

Austin,  George  Georgia. . 


Mueller,  Jacob. 


Germany 


6mos. 
3  mos. 
3  days 
2  yrs. 


2  yrs. 

3  yrs. 

5  yrs. 

6  yrs. 


10>TS. 

5  yrs. 

6  yrs. 
6  yrs. 


Yes 


Yes 


Yes 


Yes 


Verification  Lists. — The  election  commissioners  must  fur- 
nish the  board  of  registry  in  each  precinct  a  blank  book, 
called  Verification  Lists. 

The  names  of  all  registered  voters  must  be  transferred  by 
the  clerks  to  the  left-hand  page  of  the  verification  lists, 
and  it  is  the  duty  of  the  clerks  of  election,  upon  the  Wednes- 
day and  Thursday  following  the  second  day  of  registration, 
to  canvass  the  precinct,  calling  at  each  dwelling  house  where 
any  one  may  reside,  as  indicated  in  the  verification  lists, 
and  ascertain  whether  or  not  the  person  claiming  the  right 
to  vote  resides  at  the  place  stated,  and  if  the  canvass  dis- 
closes that  there  are  any  persons  on  the  register  who  do  not 
live  at  the  places  stated,  a  notice  is  sent  to  said  person,  re- 
quiring him  to  appear  before  the  board  of  registry  upon 


ELECTION   LAWS 


223 


PRECINCT WARD. 


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Yes 

Oct.  5,1885 
Oct.  5,1885 

May27,187L  Superior,  N.  Y.. 

Not  known 

No. 
Yes 

Oct.  12, 1885 
Oct.  12, 1885 

July  1 ,  1868.  .Baltimore 

-- 

the  Saturday  following,  and  show  cause  why  his  name 
should  not  be  erased  from  the  register. 

On  the  right-hand  page  of  the  verification  lists  the  can- 
vassers must  write  down  the  names  of  persons  living  at 
the  various  dwelling  places  who  are  not  registered  voters. 
This  list  of  non-registered  voters  is  used  as  the  basis  for 
jury  lists,  the  persons  selected  for  jury  service  being  taken 
from  this  list  until  it  is  exhausted.* 

Each  page  of  the  verification  lists  is  ruled  in  three  col- 
umns, and  the  left-hand  page  marked  as  follows: 


'Citizens  frequently  seek  to  evade  the  duty  of  serving  on  a  jury;  tnere- 
fore  the  law  imposes  this  duty  first  upon  non-registered  voters,  for  the 
purpose  of  encouraging  a  full  registration.  By  registering  for  election  pur- 
poses, a  citizen  is  much  more  likely  to  escape  jury  service  than  would  other- 
wise be  the  case. 


224 


STATE   GOVERNMENT 
REGISTERED   NAMES. 


Street 
Number. 

Street. 

Names. 

{r.:  :-Mi. 

fmM^f^ 

And  the  pages  on  the  right-hand  side  shall  be  marked  thus  : 
NAMES  NOT  REGISTERED. 

Street 
Number. 

(Name) 

Street. 

Names. 

^"- 

The  board  of  registry  must  also  hold  a  third  meeting  on 
the  Saturday  following  the  Tuesday  three  weeks  preceding 
the  election  for  the  sole  purpose  of  revising  their  register, 
but  at  this  meeting  no  new  name  can  be  added. 

At  every  election  held  between  the  general  registrations 
already  mentioned  the  registry  list  shall  be  revised  in  each 


ELECTION   LAWS  225 

precinct,  on  Tuesday,  three  weeks  preceding  the  election,  at 
which  time  additional  names  may  be  added  to  the  list. 
These  registration  lists  must  be  returned  to  the  board  of 
election  commissioners  and  kept  by  them  until  required 
for  use  on  election  day.  On  election  day  two  registers,  to- 
gether with  the  ballot-box  for  each  precinct  and  all  neces- 
sary poll  books,  blanks  and  stationery,  are  delivered  to  the 
judges  of  election. 

The  Election. — The  polls  are  open  at  6  o'clock  in  the 
morning  and  continue  open  until  4  o'clock  in  the  afternoon. 
During  all  of  this  time  the  judges  and  clerks  must  be  pres- 
ent, an  absence  of  more  than  five  minutes  at  any  time  being 
forbidden.  Before  voting  begins  the  ballot  box  must  be 
opened  and  shown  to  those  present  to  be  empty,  and  must 
not  be  removed  from  public  view  from  the  time  when  it  is 
shown  until  after  the  close  of  the  polls.  Each  of  the  clerks 
of  election  shall  keep  a  poll  book,  which  contains  a  column 
headed  "Number,"  another  headed  "Residence"  and  another 
headed  "Names  of  Voters,"  and  the  name  of  each  of  the 
electors  voting  shall  be  entered  upon  each  poll  book  by  the 
clerks  in  regular  succession. 

Counting  the  Vote. — Immediately  after  the  polls  are  closed 
the  judges  of  election  in  the  different  precincts  begin  to  can- 
vass the  votes  cast  and  the  canvass  cannot  be  adjourned  or 
postponed  until  it  has  been  completed.  The  process  of 
counting  the  ballots  is  provided  in  detail  by  statute,  and  the 
most  explicit  arrangements  have  been  made  to  prevent  a 
false  count  in  the  case  of  any  candidate  or  proposition  sub- 
mitted to  vote. 

When  the  canvass  has  been  completed  and  the  poll  clerks 
have  announced  to  the  judges  the  total  number  of  votes 
received  by  each  candidate,  each  of  the  judges  of  election 
in  turn  must  proclaim  in  a  loud  and  distinct  tone  of  voice 


226  STATE   GOVERNMENT 

the  total  number  of  votes  received  by  each  person  voted  for 
in  the  precinct  and  the  number  of  votes  for  or  against  any 
proposition  submitted  at  the  election. 

Stating  the  Result. — The  judges  of  election  are  required  to 
make  and  sigri  quadruple  statements  of  the  result  of  the 
canvass,  one  of  which  is  placed  in  each  of  the  poll  books 
used  at  the  election.  The  statement  is  made  to  show  a  full 
compliance  with  the  provisions  of  the  law  in  the  holding  of 
the  election  and  its  result.  Each  of  the  statements,  except 
those  contained  in  the  poll  books,  shall  be  inclosed  in  an 
envelope  and  sealed  up,  and  the  judges  and  clerks  of  election 
must  write  their  names  across  every  fold  at  which  the  en- 
velope, if  unfastened,  could  be  opened.  One  of  the  envel- 
opes shall  be  directed  to  the  county  clerk  and  one  to  the 
city  comptroller.  In  a  similar  manner  the  tally-sheets  are 
inclosed  in  separate  envelopes,  one  being  directed  to  the 
election  commissioners  and  the  other  to  the  city  clerk. 

The  poll  books  and  the  statements  contained  in  them  are 
placed  in  the  ballot  box,  and  the  ballot  box  is  then  locked, 
the  key  removed,  the  box  sealed,  and  a  slip  of  paper  con- 
taining the  names  of  the  judges  of  election  is  pasted  over 
the  keyhole  and  upper  lid  of  the  box  in  such  a  way  that  if 
the  box  is  opened  it  will  tear  the  paper  and  mutilate  the  sig- 
natures of  the  judges.  The  ballot  box  and  its  contents  are 
then  delivered  by  one  of  the  judges  of  election  to  the  elec- 
tion commissioners,  and  one  of  the  judges  representing  the 
political  party  opposed  to  that  of  the  judge  who  takes  the 
ballot  box  is  required  to  receive  and  hold  the  key  to  the 
box.  Each  of  the  statements  of  the  vote  and  the  tally- 
sheets  are  delivered  by  different  judges  and  clerks  to  the 
person  designated  by  law  to  receive  the  same. 

The  Official  Count. — Within  seven  days  after  the  close  of 
the  election  the  canvassing  board,  which  is  composed  of 


HLECTION   LAWS  227 

the  election  commissioners,  the  county  judge  and  the  city 
attorney,  open  all  returns  and  make  abstracts  or  state- 
ments of  the  votes.  It  is  the  duty  of  this  board  of  can- 
vassers to  add  and  declare  the  result  of  every  election 
held  within  the  boundaries  of  the  city  or  village,  and  the 
county  court  shall,  thereupon,  enter  of  record  such  abstract 
and  result  and  a  certified  copy  of  this  record  is  filed  with 
the  county  clerk,  who  issues  the  certificates  of  election  in 
the  same  manner  as  has  been  described  in  the  general  elec- 
tion law  of  the  State. 

The  law  contains  provisions  for  the  prevention  of  fraud 
in  the  registration  of  voters  and  improper  or  fraudulent 
conduct  at  elections.  It  provides  for  the  proper  punish- 
ment of  every  kind  of  fraudulent  practice  in  connection 
with  elections.* 

THE   AUSTRALIAN    BALLOT. 

In  1 89 1  the  legislature  of  the  State,  to  still  further  pro- 
mote honesty  and  purity  in  holding  elections,  enacted  a  law 
for  the  printing  and  distribution  of  ballots  at  public  expense 
and  for  the  nomination  of  candidates  for  public  offices,  to 
regulate  the  manner  of  holding  elections  and  to  enforce  the 
secrecy  of  the  ballot.  This  system  is  called  the  Australian 
system,  because  it  is  a  modification  of  a  plan  which  was  first 
used  with  favorable  results  in  Australia.**  The  principal 
merit  of  the  law  is  that  it  enables  a  voter  to  cast  his  bal- 
lot in  a  secret  manner  so  that  no  person  other  than  himself 
can  tell  for  whom  he  votes. 


*See  Chapter  XLVI,  Revised  Statutes,  Sees.  255  to  276. 

**This  system  was  first  proposed  by  Hon.  Francis  S.  Button,  a  member  of 
the  legislature  of  South  Australia.  It  was  embodied  in  the  laws  of  Australia 
in  1857,  and  its  principal  features  have  been  adopted  in  Canada  and  many  of 
the  States  of  tlie  United  States.  See  Peterman's  Elements  of  Civil  Govern- 
ment, Chapter  XIX,  which  contains  an  excellent  account  of  the  system  as 
used  in  different  States. 


228  STATE   GOVERNMENT 

Prior  to  the  enactment  of  this  law  it  was  customary  to 
have  ballots  printed  for  the  candidates  of  the  different  polit- 
ical parties,  varying  somewhat  in  form  or  in  the  texture  or 
color  of  the  paper  used,  so  that  a  careful  watcher  could 
ascertain  what  ticket  was  voted  by  the  different  voters. 
Under  the  Australian  system  all  of  the  ballots  are  exactly 
alike,  and  each  ballot  contains  the  names  of  all  candidates 
before  the  people.  The  secrecy  of  the  ballot  is  desirable, 
because  with  a  secret  ballot,  bribery  is  discouraged,  there 
being  no  means  of  knowing  whether  or  not  a  corrupt  voter 
votes  as  he  has  promised  to  do. 

Ballots. — This  law  provides  that  in  all  elections  for  public 
officers,  except  school  officers  and  officers  of  road  districts, 
the  voting  shall  be  by  ballots  printed  and  distributed  at  pub- 
lic expense.  The  printing  and  delivery  of  the  ballots  and 
other  necessary  stationery  must  be  paid  for  by  the  several 
municipalities  in  which  the  election  is  held. 

Nominations. — Any  convention  of  delegates  representing 
a  political  party  which,  at  the  general  election  next  preced- 
ing, polls  at  least  two  per  cent  of  the  entire  votes  cast  in  the 
State  or  the  municipality  for  which  the  nomination  is  made, 
may  make  one  nomination  for  each  office  to  be  filled  at  the 
election,  by  causing  a  certificate  of  nomination  to  be  duly 
filed.  This  certificate  must  contain  the  names  of  the  candi- 
dates and  specify  the  office  for  which  each  is  nominated,  the 
party  or  political  principles  which  they  represent,  their 
places  of  residence,  with  the  street  and  number.  In  case  of 
an  election  for  President  or  Vice-President  of  the  United 
States  the  certificate  may  contain  the  names  of  the  candi- 
dates for  those  offices. 

Other  nominations  may  be  made  by  the  voters  of  the 
State  by  nomination  papers  signed  in  the  aggregate  for  each 
candidate  by  not  less  than  i,ooo  qualified  voters  of  the  State. 


ELECTION    LAWS 


329 


These  certificates  of  nomination  must  be  filed,  in  the  case  of 
candidates  for  offices  to  be  filled  by  the  electors  of  the  en- 
tire State,  or  any  part  thereof  greater  than  a  county,  with 
the  secretary  of  state,  at  least  thirty  days  prior  to  the 
election.  Other  certificates  for  nomination  of  candidates 
shall  be  filed  with  the  county  clerk  within  the  same  time, 
and,  in  case  of  the  nomination  of  candidates  for  ofiices  in 
cities,  villages  and  towns,  the  certificates  must  be  filed  with 
the  clerks  of  those  municipalities  respectively. 

The  OiJicial  Ballot. — The  names  of  all  candidates  so  nomi- 
nated who  are  to  be  voted  for  in  each  election  precinct  or 
district  shall  be  printed  on  one  ballot,  which  is  called  the 
''official  ballot."  The  kind  of  paper  to  be  used  and  the  size 
and  style  of  type  are  all  specified  in  detail  by  the  law,  and, 
as  near  as  practicable,  the  ballot  must  be  in  the  following 
form: 


O    DEMOCRATIC. 

For  Governor 
^JOHN  M.  PALMER. 
For  Lieutenant  Governor 
B  ANDREW  J.  BELL. 

For  Secretary  of  State 
D  NEWELL  D.  RICKS. 


O    REPUBLICAN. 

For  Governor 
D  JOSEPH  W.  FIFER. 
For  Lieutenant  Governor 
D  LYMAN  B.  RAY. 

For  Secretary  of  State 
>il.  N.  PEARSON. 


O    PROHIBITION. 

For  Governor 
a  DAVID  H.  HARTS. 
For  Lieutenant  Governor 
□  JOS.  L.  WHITLOCK. 
For  Secretary  of  State 
dJAMES  R.  HANNA. 


Whenever  a  constitutional  amendment  or  other  public 
measure  is  proposed  to  be  voted  upon  a  separate  ballot  is 
provided,  which  is  substantially  as  follows : 


Proposed  amendment  to  the  constitution  giving?  judges  a  life 
term  of  office  and  making  them  appointive. 


YES. 
NO. 


J3\ 


Voting. — In  every  polling  place  a  sufficient  number  of 
booths  must  be  provided,  which  shall  be  furnished  with  the 


230  STATE   GOVERNMENT 

necessary  pens  and  stationery,  and  every  voter  is  required  to 
enter  one  of  these  booths  to  prepare  his  ballot,  free  from 
the  observation  of  all  persons. 

Any  person  who  desires  to  vote  presents  himself  before 
the  judges  and  gives  his  name  and  residence.  Thereupon 
one  of  the  judges  announces  the  same  in  a  loud  and  distinct 
tone  of  voice,  and  if  the  name  of  the  voter  is  found  on  the 
register  the  judge  gives  the  voter  one,  and  only  one,  ballot, 
on  the  back  of  which  the  judge  shall  indorse  his  initials. 

The  voter,  on  receipt  of  his  ballot,  immediately  retires 
alone  to  one  of  the  voting  booths  and  prepares  his  ballot  by 
making  in  the  appropriate  margin  or  place  a  cross  [X]  op- 
posite the  name  of  the  candidate  of  his  choice  for  each  office 
to  be  filled,  and,  in  case  of  a  question  submitted  to  the  vote 
of  the  people,  by  making  in  the  appropriate  margin  or  place 
a  cross  against  the  answer  he  desires  to  give ;  provided,  how- 
ever, if  he  desires  to  vote  for  all  of  the  candidates  of  one 
political  party,  he  may  place  such  mark  in  the  circular 
space  opposite  the  name  of  such  political  party. 

Before  leaving  the  voting  booth,  the  voter  must  fold  his 
ballot  in  such  a  manner  as  to  conceal  the  marks  he  has  made 
on  it.  He  then  emerges  from  the  booth  and  gives  the  ballot 
to  the  judge  in  charge  of  the  ballot-box,  who  places  it  in 
the  box. 

Such  in  substance  is  the  method  of  voting  under  the  Aus- 
tralian system,  and  in  every  community  where  it  has  been 
introduced  its  workings  and  results  have  been  satisfactory, 
so  that  now  it  is  doubtful  if  the  system  will  ever  be  changed. 

Primaries.  —  In  the  broadest  sense  of  the  term,  these 
are  elections  held  by  a  political  party,  or  by  any  voluntary 
political  association,  for  the  purpose  of  choosing  delegates 
to  political  conventions,  members  of  various  managing 
committees  of  the  party,  and  sometimes  for  the  nomination 


ELECTION   LAWS  231 

of  candidates  for  public  ofifice.  Under  the  general  law  of 
the  State,  such  an  election  may  be  held  in  the  manner  pro- 
vided by  the  rules  of  the  party  holding  it,  or  it  may  be  con- 
ducted according  to  the  requirements  of  the  "Primary  Elec- 
tion Law." 

Whenever  it  is  desired  by  any  party  to  hold  a  primary 
election  under  the  provisions  of  this  act,  a  resolution,  stat- 
ing that  the  primary  will  be  so  held,  must  be  adopted  by 
the  committee  having  general  charge  of  the  party  affairs. 
It  then  becomes  the  duty  of  the  committee  to  fix  the  time 
and  place  of  holding  the  primary,  to  appoint  three  judges 
and  two  clerks  of  election  to  serve  at  each  polling  place,  to 
publish  notice  of  the  purpose,  time  and  place  of  holding  the 
primary  election,  with  a  description  of  each  primary  elec- 
tion district,  and  the  names  of  the  persons  selected  to  act 
as  judges  and  clerks. 

By  another  enactment  of  the  legislature,  primary  elections 
for  delegates  to  nominating  conventions  must  be  held  under 
the  provisions  of  a  special  law  relating  thereto,  in  every 
county,  city  or  incorporated  town,  where  the  names  of  can- 
didates are  printed  on  official  election  ballots.  Under  this 
law,  the  various  precincts  are  grouped  into  primary  election 
districts,  each  of  which  must  not  contain  more  than  one 
thousand  voters  belonging  to  the  party  holding  the  pri- 
mary. 

Fifteen  days  before  the  time  fixed  for  holding  the  primary 
election,  an  official  call  must  be  filed  with  the  election  com- 
missioners, and  in  cases  where  there  are  no  election  com- 
missioners having  jurisdiction  of  the  matter,  the  call  must 
be  filed  with  the  county  clerk.  This  call  sets  forth  the  name 
of  the  party,  and  the  address  of  its  managing  committee, 
the  day  on  which  the  primary  is  to  be  held,  the  name,  place 
and  time  of  the  convention  for  which  delegates  are  to  be 


232  STATE   GOVERNMENT 

chosen,  the  description  of  the  primary  districts,  together 
with  the  names  of  the  judges  and  clerks,  and  the  location  of 
the  polling  place  in  each  district,  and  the  name  of  some 
newspaper  recommended  for  the  publication  of  the  notice 
of  such  election. 

At  least  ten  days  before  the  primary  election  day,  the 
election  commissioners,  or  the  county  clerk,  as  the  case 
may  be,  must  publish  a  notice  of  the  election,  containing 
substantially  the  statements  set  forth  in  the  official  call. 

Every  legal  voter  entitled  to  vote  at  regular  elections, 
residing  within  the  primary  election  district,  who  is  a 
member  of  the  political  party  holding  the  primary  election, 
is  qualified  to  vote  at  such  election.  Generally  speaking, 
the  method  of  voting  at  primary  elections  is  the  same  as  at 
regular  elections.  The  law  contains  sufficient  provisions  to 
secure  a  full,  free  and  fair  expression  of  the  will  of  the 
voters  at  these  elections,  and  severe  penalties  are  imposed 
for  violation  of  any  of  its  requirements. 


CHAPTER  XXII. 

THE  EDUCATIONAL  SYSTEM. 

It  may  be  asserted  with  pride  by  the  citizens  of  Illinois 
that  its  local  political  institutions  received  their  first  im- 
petus from  the  common-school  system  inaugurated  in  the 
early  days  of  the  Territory.  As  the  church  furnished  the 
center  for  the  growth  of  the  township  in  New  England,  so 
the  schoolhoHse  and  the  organization  of  the  school  town- 
ship in  IlHnois  prompted  the  beginning  of  local  govern- 
mental institutions. 

The  beginning  of  the  school  system  of  Illinois  was  the 
provision  of  the  enabling  act,  by  which  one  section  or 
square  mile  of  land  in  each  township  was  required  to  be 
set  apart  as  the  basis  of  a  common-school  fund,  and  the 
history  of  the  State  shows  that  from  the  earliest  period  of 
its  existence  down  to  the  present  time  it  has  always  been 
the  special  aim  and  object  of  its  government  to  provide  a 
system  of  public  schools,  so  that  all  the  children  of  the 
State  may  receive  a  good  common-school  education. 

In  a  free  commonwealth,  where  every  one  shares  in  the 
responsibilities  of  the  government,  the  general  education 
of  the  people  is  a  public  necessity,  since  there  should  be 
an  enlightened  public  opinion  to  which  those  charged  with 
the  performance  of  public  duties  can  appeal  for  support. 
For  this  reason  every  State  in  the  Union  provides  for  the 
education  of  its  children,  that  they  may  become  qualified 
to  exercise  the  rights  and  fulfill  the  duties  of  citizenship. 

(2:33) 


234  STATE   GOVERNMENT 

Constitutional  Provisions.— Education  has  always  been 
a  matter  of  special  solicitude  on  the  part  of  the  framers  of 
our  government,  and  for  this  reason  one  entire  article  of 
the  constitution  of  the  State  is  devoted  to  the  subject. 

This  article  requires  that  the  general  assembly  shall 
provide  a  system  of  free  schools,  in  which  all  children  of 
this  State  may  receive  a  good  common-school  education ; 
and  that  all  grants  and  gifts  for  educational  purposes  and 
the  proceeds  thereof  shall  be  applied  faithfully  to  the 
objects  for  which  they  were  made. 

That  religious  dififerences  may  not  influence  the  manage- 
ment of  the  public  schools  or  interfere  with  their  efficient 
operation,  the  constitution  prohibits  the  legislature,  and 
every  municipahty  in  the  State,  from  expending,  or  at- 
tempting to  expend,  any  public  money  for  the  support  of 
any  church,  and  from  helping  to  sustain  or  support  any 
school  or  literary  institution  of  any  kind  under  the  control 
of  any  church  or  sectarian  denomination. 

These  provisions  of  the  constitution  meet  with  the  ap- 
proval of  all  citizens  of  the  State,  regardless  of  their 
religious  affiliations,  and  by  general  consent  all  religious 
instruction  in  the  sectarian  sense  has  been  excluded  from 
the  public  schools  of  Illinois. 

To  ensure  honesty  in  the  management  of  school  afifairs, 
the  constitution  forbids  any  teacher,  state,  county,  town- 
ship or  district  school  officer  from  being  interested  in  the 
sales,  proceeds  or  profits  of  any  book,  apparatus  or  furni- 
ture used,  or  to  be  used,  in  any  school  in  this  State,  with 
which  he  is  connected. 

The  constitution  also  provides  for  the  election  of  a 
Superintendent  of  Public  Instruction,  who  is  one  of  the 
executive  officers  of  the  State,  and  for  the  election  of  a 
County  Superintendent  in  each  county  of  the  State.     The 


THE    EDUCATIONAL   SYSTEM  235 

duties  of  these,  as  well  as  of  all  other  school  officers,  are 
determined  by  the  general  school  law  of  the  State. 

General  School  Law  of  the  State. — In  accordance  with 
these  mandates  of  the  constitution,  the  general  assembly, 
in  the  year  1872,  enacted  a  school  law  which  practically 
superseded  and  repealed  all  school  laws  then  existing, 
except  those  contained  in  special  acts  and  charters,  and 
provided  in  detail  for  the  administration  of  school  affairs 
in  every  part  of  the  State.  This  law  since  its  enactment 
has  been  amended  and  revised,  and  in  its  present  form 
went  into  effect  on  May  21,  1889. 

We  shall  now  consider  its  provisions,  for  the  purpose  of 
showing  the  completeness  of  the  system  and  how  it  has 
been  adapted  and  modified  so  as  to  be  applicable  to  every 
community,  from  the  smallest  village  to  the  most  populous 
city. 

State  Superintendent. — This  officer  is  elected  every  four 
years  by  the  people  of  the  entire  State  and  is  the  head  of 
the  educational  system.  He  must  have  an  office  at  the 
capital  of  the  State,  and  file  and  preserve  all  papers,  rec- 
ords and  public  documents  coming  into  his  hands  relating 
to  the  educational  affairs  of  the  State.  He  is  the  super- 
visor of  all  the  public  schools  of  the  State,  and  is  required 
to  be  informed  fully,  by  reading,  observation  and  consul- 
tation with  educational  authorities,  as  to  the  best  manner 
of  conducting  common  schools.  He  is  the  adviser  of  the 
county  superintendents,  and  must,  from  time  to  time,  give 
them  such  information  as  he  shall  deem  to  be  for  the  best 
interests  of  the  schools  under  their  charge. 

Prior  to  each  session  of  the  general  assembly,  he  must 
report  to  the  governor  the  condition  of  the  schools  in  the 
different  counties  of  the  State,  giving  information  and  sta- 
tistics in   detail.     He  is  the  legal  adviser  of  all   school 


236  STATE   GOVERNMENT 

officers,  and  must  give  to  them,  upon  request,  a  written 
opinion  upon  any  questions  arising  under  the  school  laws. 
These  opinions  are  binding  upon  school  officers,  and  have 
all  the  force  of  laws  until  they  have  been  overruled  by  a 
court  of  record. 

He  also  exercises  certain  judicial  powers  in  hearing  and 
determining  all  controversies  arising  under  the  school  laws 
which  are  certified  to  him  by  the  different  county  superin- 
tendents. His  powers  enable  him  to  insist  that  the  school 
laws  of  the  State  shall  be  faithfully  observed  and  followed 
by  all  school  officers. 

County  Superintendents. — Each  county  has  a  Superintend- 
ent of  Schools,  who  is  elected  every  four  years,  by  the  peo- 
ple of  the  county.  The  county  board  is  required  to  furnish 
him  with  an  office,  fixtures  and  office  supplies.  His  prin- 
cipal duties  consist  in  visiting  the  schools  of  the  county, 
noting  the  methods  of  instruction,  the  branches  taught  and 
the  text-books  used,  and  giving  to  teachers  and  school  offi- 
cers such  instructions  and  directions  in  the  science,  art  and 
method  of  teaching  and  course  of  study  as  he  may  deem 
expedient  and  necessary.  He  acts  as  the  official  adviser  of 
school  officers  and  teachers  of  his  county,  and  must  faith- 
fully carry  out  all  instructions  given  by  the  State  superin- 
tendent. He  is  required  to  elevate  the  standard  of  the 
teachers  and  to  improve  the  condition  of  the  common 
schools  of  his  county  in  every  practicable  way. 

He  examines  the  books,  accounts  and  vouchers  of  the 
township  treasurer,  and  the  notes,  bonds,  mortgages  and 
other  securities  which  are  held  by  that  officer.  He  must 
provide  for  the  examination  of  persons  seeking  appoint- 
ment as  teachers  in  the  county,  and  grant  certificates  of 
qualification  to  those  who  pass  the  required  examinations. 

He  is  authorized  to  bring-  suit  against  financial  officers 


THE    EDUCATIONAL   SYSTEM  237 

of  the  county  who  fail  to  comply  with  the  school  law,  and 
can  remove  school  directors  from  office  for  willful  failure 
to  perform  their  duties. 

Township  Trustees. — The  school  business  of  the  town- 
ship is  transacted  by  three  trustees,  who  are  elected  by  the 
legal  voters  of  the  township.  The  trustees  meet  semi- 
annually in  the  months  of  April  and  October.  At  these 
meetings  they  apportion  all  State,  county  and  township 
funds  on  hand  among  the  different  districts  of  the  town- 
ship in  which  schools  have  been  kept  as  required  by  law. 
After  these  funds  have  been  so  apportioned,  they  are 
placed  on  the  books  of  the  Township  Treasurer  to  the 
credit  of  the  respective  districts  and  are  paid  out  on  the 
order  of  the  directors  of  the  different  districts. 

These  trustees  are  also  required  to  make  detailed  re- 
ports to  the  county  superintendent  as  to  the  condition  of 
the  schools  in  the  various  townships,  the  number  of  pupils 
attending  the  same,  and  other  statistics,  and  give  a  full 
statement  of  the  manner  in  which  the  educational  funds  of 
the  township  have  been  expended.  They  hold  the  legal 
title  to  all  schoolhouses  and  schoolhouse  sites  in  the  town- 
ship, and  are  authorized  to  receive  gifts,  grants  and  dona- 
tions for  the  use  of  the  schools  within  their  township. 

Upon  the  petition  of  not  less  than  fifty  voters  in  the 
township  an  election  may  be  had  to  determine  whether  or 
not  the  people  desire  to  establish  a  township  high  school. 
If  the  question  is  decided  affirmatively,  another  election 
must  be  had  to  select  a  township  board  of  education,  con- 
sisting of  five  members,  who  shall  have  charge  of  the 
establishment  and  maintenance  of  the  township  high 
school. 

Township  trustees  must  divide  the  township  into  school 
districts  and  prepare  a  map  of  the  township,  aesignating 


238  STATE   GOVERNMENT 

the  different  districts  into  which  it  is  divided.  They  have 
full  power  to  divide  or  consoHdate  districts,  organize  new 
districts  and  change  the  boundaries  of  districts  upon  peti- 
tion of  the  legal  voters  whose  interests  are  affected. 

Tozvnship  Treasurer. — This  officer  is  appointed  by  the 
board  of  trustees  of  the  township,  and  must  give  a  suitable 
bond  for  the  faithful  performance  of  his  duties.  He  is 
the  custodian  of  the  school  fund  of  the  township  and  of  all 
securities  belonging  to  the  same.  He  must  keep  books 
of  account,  the  form  of  which  is  determined  by  law,  and  he 
has  the  power  to  loan  school  money  belonging  to  the 
township,  but  in  exercising  this  power  he  is  required  to 
foltow  numerous  provisions  of  the  statute.  The  office  of 
township  treasurer  is  an  important  one,  and  the  law  holds 
him  strictly  accountable  for  the  proper  disposition  of  the 
funds  of  the  township. 

Board  of  Directors. — After  the  township  has  been  divided 
into  districts  by  the  township  trustees,  three  directors  are 
elected  in  each  district,  who  have  charge  and  control  of 
the  schools. 

The  duties  of  the  Board  of  Directors  of  each  district  are 
to  make  all  reports  to  the  County  Superintendent  as  re- 
quired by  law,  giving  the  details  of  the  school  business  of 
the  district,  and  to  ascertain  and  certify  the  amount  of 
money  which  must  be  raised  by  taxation  to  support  the 
schools  of  the  district  in  each  year.  This  certificate  fur- 
nishes the  basis  of  the  tax  levy  for  school  purposes. 

They  must  establish  and  keep  in  operation  for  at  least 
one  hundred  and  ten  days  in  each  year  a  sufficient  number 
of  free  schools  to  accommodate  all  children  in  the  district 
over  the  age  of  six  and  under  the  age  of  twenty-one  years ; 
they  must  secure  for  all  such  children  an  equal  participation 


THE    EDUCATIONAL   SYSTEM  239 

in  the  benefits  of  the  school  system.  They  can  adopt  and 
enforce  all  necessary  rules  and  regulations  for  the  manage- 
ment and  government  of  schools.  They  must  inspect  the 
schools  from  time  to  time,  appoint  all  teachers  and  fix  their 
salaries.  They  must  direct  what  branches  of  study  shall  be 
taught  and  what  text-books  and  apparatus  shall  be  used  in 
the  several  schools,  and  they  can  purchase,  at  the  expense 
of  the  district,  a  sufficient  number  of  text-books  to  supply 
children  whose  parents  are  unable  to  purchase  them.  In 
short,  they  have  all  the  powers  which  are  needed  to  accom- 
plish the  establishment  and  maintenance  of  public  schools 
in  their  respective  districts  as  required  by  the  constitution 
of  this  State. 

Boards  of  Education  in  Certain  Districts. — In  all 
school  districts  having  a  population  of  not  less  than  one 
thousand  and  not  more  than  one  hundred  thousand  inhab- 
itants, a  Board  of  Education,  consisting  of  at  least  six 
members,  is  chosen  by  popular  vote.  Three  additional 
members  are  chosen  for  every  additional  ten  thousand  in- 
habitants. Another  member,  styled  the  President  of  the 
Board  of  Education,  is  also  elected  annually. 

The  board  of  education  has  the  powers  of  school  direc- 
tors, and,  irf  addition,  it  has  the  power  to  establish  and 
support  free  schools  for  not  less  than  six,  nor  more  than  ten, 
months  in  each  year ;  to  repair  and  improve  schoolhouses 
and  to  furnish  them  with  the  necessary  fixtures,  furniture 
and  apparatus ;  to  establish  schools  of  different  grades  and 
make  regulations  for  the  admission  of  pupils.  They  levy  a 
tax  annually  upon  the  taxable  property  of  the  district  to 
support  and  maintain  the  schools  ;  they  can  employ  a  super- 
intendent of  schools  and  pay  him  a  salary  and  divide  the  dis- 
trict into  sub-districts  whenever  necessary. 


240  STATE   GOVERNMENT 

Boards  of  Education  in  Cities  of  100,000  Inhabi- 
tants. —  In  cities  of  this  class,  of  which  Chicago  is  the  only 
example,  the  school  afifairs  are  under  the  control  of  a  Board 
of  Education,  consisting  of  twenty-one  members.  These 
members  are  appointed  by  the  mayor,  with  the  advice  and 
consent  of  the  common  council.  Any  person  who  has 
resided  in  the  city  more  than  five  years  next  preceding  his 
appointment  is  eligible  to  membership.  The  officers  of  the 
board  are  a  President  and  Vice-President,  who  are  elected 
annually  by  its  members  from  their  own  number,  and  a 
Secretary,  who  is  also  elected  by  the  board,  but  is  not  a 
member  of  it. 

Administrative  Officers. — The  law  authorizes  the  board 
of  education  to  appoint  such  other  officers  and  employes 
as  it  deems  necessary  for  the  proper  administration  of 
school  afifairs.  In  the  City  of  Chicago  a  large  number  of 
officers  are  required  for  this  purpose,  the  more  important 
of  which  are  the  following : 

The  Superiyitcndcnt,  who  has  general  charge  of  the  educa- 
tional work  of  the  board.  He  is  the  principal  executive 
officer  of  the  board,  as  well  as  its  adviser  upon  all  school 
matters.  He  visits  the  schools  as  often  as  practicable  and 
observes  the  discipline  and  methods  of  instruction  em- 
ployed. He  supervises  the  examination  of  teachers  and 
makes  recommendations  to  the  board  as  to  their  employ- 
ment, promotion  and  removal.  He  also  advises  the  board 
concerning  the  text-books  and  apparatus  used  in  the  schools 
and  the  changes  and  improvements  which  should  be  made 
in  them.  He  is  assisted  in  the  performance  of  his  duties  by 
district  superintendents. 

The  Clerk  and  School  Agent,  who  keeps  the  records  of  the 
board  and  acts  as  its  financial  agent  in  the  collection  of 
rentals  from  school-fund  property  and  the  income  from 


THE    EDUCATIONAL   SYSTEM  241 

school  funds.     He  also  makes  up  and  certifies  the  payrolls 
of  the  teachers. 

The  Business  Manager. — This  officer  has  a  great  variety 
of  duties  to  perform  in  connection  with  the  award  of  con- 
tracts, the  purchase  of  supplies  and  the  general  care  and 
maintenance  of  the  school  buildings  and  property  of  the 
board. 

The  Chief  Engineer,  who  has  charge  of  the  heating  and 
ventilating  apparatus  in  the  school  buildings.  He  is  the 
superior  officer  of  the  engineers  and  janitors  of  the  various 
school  buildings  and  must  see  that  each  building  is  kept  in 
a  proper  sanitary  condition. 

The  Architect  superintends  the  erection  and  alteration  of 
school  buildings.  It  is  his  special  duty  to  see  that  all  work 
of  this  kind  is  done  in  an  economical  and  workmanlike 
manner. 

The  Attorney  attends  to  the  legal  business  of  the  board. 
He  prepares  all  legal  documents  required  to  be  executed 
by  the  officers  of  the  board.  He  also  represents  the  board 
in  all  litigation  in  which  it  may  be  involved. 

The  Auditor,  who  is  the  official  bookkeeper  of  the  board, 
keeps  the  financial  records  of  the  board  and  certifies  as  to 
the  correctness  of  all  bills  presented  for  payment. 

The  Superintendent  of  Supplies  has  charge  of  the  station- 
ery, books  and  supplies  of  various  kinds  purchased  by  the 
board  and  their  distribution  among  the  dilTerent  schools. 

Powers  of  the  Board. — The  board  of  education  has 
power,  with  the  concurrence  of  the  city  council,  to  erect 
and  purchase  buildings,  and  to  buy  and  lease  ground  for 
school  purposes,  and  to  issue  bonds  for  the  purpose  of 
building,  buying  and  repairing  schoolhouses  and  purchas- 
ing sites  for  the  same. 

Independent  of  the  city  council,  the  board  of  education 


243  STATE   GOVERNMENT 

has  the  power  to  provide  the  schools  with  necessary  furni- 
ture, fixtures  and  apparatus,  and  to  hire  buildings  for  the 
use  of  schools,  to  employ  teachers  and  fix  their  compensa- 
tion, to  prescribe  the  text-books  to  be  used  and  the  studies 
to  be  taught,  and  to  divide  the  city  into  districts,  to  change 
the  same  and  create  new  ones,  as  the  circumstances  may 
require.  The  board  of  education  possesses  all  the  rights, 
powers  and  authority  required  for  the  proper  management 
of  the  schools.  It  can  expel  any  pupil  from  school  for 
misconduct,  and  can  dismiss  and  remove  any  teacher  when- 
ever the  interests  of  the  schools  may  require. 

Duties  of  the  Board. —  It  is  the  duty  of  the  board  of 
education  to  supervise  all  the  schools  ;  to  examine  all  appli- 
cants for  positions  as  teachers,  and  when  qualified  to  grant 
them  certificates ;  to  determine  and  employ  the  number 
and  grade  of  teachers  required ;  to  take  charge  of  and  keep 
in  good  condition  the  schoolhouses,  grounds  and  other 
school  property ;  to  prescribe  the  discipline,  method  and 
course  of  instruction  for  all  schools ;  to  report  to  the  city 
council  from  time  to  time  any  suggestions  that  may  be 
deemed  requisite  in  relation  to  the  schools  and  the  man- 
agement thereof.  These  powers  can  be  exercised  only  at 
a  regular  meeting  of  the  board  of  education,  and  the  city 
council  is  expressly  prohibited  from  exercising  any  of  the 
powers  which  are  granted  by  law  to  the  board  of  education. 

Special  Features  of  the  Law  Applicable  to  Chicago. — 
In  the  City  of  Chicago  the  system  of  school  management  is 
essentially  different  from  that  which  exists  in  other  parts  of 
the  State.  Some  of  the  more  important  points  of  differ- 
ence are : 

I.  The  members  of  its  board  of  education  are  appointed 
by  the  mayor,  while  in  smaller  cities  and  in  rural  districts 
they  are  elected  by  the  people. 


THE    EDUCATIONAL   SYSTEM  243 

2.  The  board  of  education  of  Chicago  examines  teach- 
ers and  determines  their  quaHfications.  In  other  parts  of 
the  State  this  power  is  exercised  by  the  county  superin- 
tendent. 

3.  The  board  of  education  of  the  City  of  Chicago  can- 
not levy  taxes  for  school  purposes ;  this  power  is  exercised 
by  the  city  council. 

4.  The  power  of  purchasing  land  for  school  purposes, 
erecting  buildings  and  issuing  bonds  for  these  purposes 
can  be  exercised  by  the  board  of  education  only  with  the 
concurrence  of  the  city  council.  In  other  parts  of  the 
State  the  school  officers  can  exercise  these  powers,  but 
only  with  the  approval  of  a  majority  of  the  legal  voters  of 
the  district,  as  expressed  by  an  election  held  for  this  pur- 
pose. 

With  these  exceptions,  the  board  of  education  of  Chi- 
cago is  subject  to  the  general  school  law  of  the  State. 
It  expends  annually  about  $8,000,000  foij  school  purposes, 
all  of  which  is  raised  by  taxation,  except  about  $1,000,000, 
which  is  derived  from  the  rental  of  school  lands,*  in- 
vestments of  school  money  and  the  State  common-school 
fund.** 

Teachers. —  No  teacher  can  be  employed  in  a  common 
school  of  this  State  who  is  not  of  good  moral  character 
and  at  least  eighteen  years  of  age  if  a  male  and  seventeen 
years  of  age  if  a  female,  and  who  does  not  possess  a  certifi- 
cate of  qualification.     In  counties  in  which  a  normal  school 


•One  section  of  land  in  each  township  was  originally  set  apart  for  the 
support  of  schools.  The  greater  part  of  this  land  was  sold  many  years  ago, 
but  the  remainder  of  it  has  become  so  valuable  that  the  annual  rental  derived 
from  it  amounts  to  about  $750,000. 

**The  State  common-school  fund  consists  of  the  proceeds  of  a  tax  levied 
by  the  State  for  educational  purposes  and  the  interest  on  certain  funds  set 
apart  for  the  support  of  schools.  It  is  distributed  among  the  different  munici- 
palities in  proportion  to  their  population  of  school  age. 


244  STATE   GOVERNMENT 

is  established  under  the  control  of  the  county,  graduates  of 
that  school  can  be  authorized  to  teach  without  an  exam- 
ination. 

Teachers'  certificates  may  be  granted  by  the  State  super- 
intendent of  pubHc  instruction  or  by  the  county  superin- 
tendents of  the  different  counties,  after  suitable  examina- 
tions have  been  held  by  them,  but  in  the  City  of  Chicago 
certificates  of  qualification  are  granted  by  the  board  of 
education.  No  teacher  can  lawfully  receive  any  salary  for 
services  unless  possessed  of  the  required  certificate  ot 
qualification.  The  duties  of  teachers  are  too  well  known 
to  require  any  further  description. 

Women  as  School  Officers — One  other  provision  of  the 
school  law  should  be  noted,  because  it  constitutes  an  ex- 
ception to  the  general  policy  of  the  State  with  reference  to 
public  matters.  Under  the  laws  of  this  State  women  are 
allowed  to  vote  at  all  school  elections,  and  are  eligible  to 
hold  office  under  the  school  law  of  the  State.  The  pro- 
priety of  this  provision  cannot  be  questioned,  because 
women  are  employed  very  largely  in  educational  work  as 
teachers  and  superintendents,  and  by  nature  and  training 
they  are  fully  qualified  to  deal  with  educational  problems. 


CHAPTER  XXIII. 
TAXATION  AND  EMINENT  DOMAIN. 

Among-  the  numerous  questions  which  arise  in  adminis- 
tering the  affairs  of  any  government,  whether  it  be  that  of 
a  nation,  State,  city,  village  or  school  district,  none  are  more 
important  or  more  closely  affect  the  happiness  and  welfare 
of  the  people  than  those  which  pertain  to  revenue  and  taxa- 
tion. The  history  of  nations  is  largely  composed  of  the 
record  of  attempts  to  dispose  of  these  questions.  Some- 
times the  issue  has  been  settled  peaceably  by  discussion 
and  mutual  agreement,  but  frequently  it  has  been  deter- 
mined by  bloodshed  and  revolution.  The  latter  was  the 
case  in  our  Revolutionary  War,  which  originated  in  a  dif- 
ference of  opinion  between  England  and  the  colonies  as  to 
which  should  determine  the  nature  and  amount  of  the 
taxes  to  be  paid  by  the  people  of  this  country. 

At  the  present  time  questions  of  taxation  and  the  ex- 
penditure of  public  money  are  involved  in  nearly  every 
election.  For  these  reasons,  the  subject  of  taxation  is  of 
fundamental  importance  to  every  citizen  who  would  dis- 
charge the  duties  of  citizenship  in  an  intelligent  and  patri- 
otic manner. 

Taxes  Defined. — Taxes  are  sums  of  money  which  the 
government  requires  its  citizens  to  pay  for  its  support. 
These  payments  are  not  voluntary,  but  are  obligatory,  and 
if  the  citizen  neglects  them  the  government  collects  the  debt 
by  selling  a  sufificient  amount  of  his  property  to  pay  his  tax. 

(245) 


246  STATE   GOVERNMENT 

Therefore,  taxes  may  be  defined  further  as  that  part  of  the 
property  of  individuals  which  the  government  takes  to  de- 
fray its  expenses  incurred  for  the  common  good  of  all. 
Revenue  is  the  income  of  the  government  derived  from 
taxation. 

Taxation  is  necessary,  because  governments  cannot  fulfill 
the  purposes  for  which  they  exist  without  the  expenditure 
of  large  sums  of  money,  which  must  be  contributed  by  the 
citizens  in  proportion  to  their  wealth.  The  revenue  of  the 
national  government  is  raised  principally  by  indirect  taxa- 
tion.* Revenues  of  the  State,  county  and  municipal  gov- 
ernments are  raised  by  a  system  of  direct  taxation — that 
is,  by  levying  taxes  upon  the  value  of  the  actual  property, 
such  as  land,  money,  stocks  or  bonds,  which  each  individual 
possesses. 

Constitutional  Provisions. —  The  constitution  of  the 
State  determines  some  of  the  fundamental  principles  which 
must  be  observed  in  taxing  citizens  of  Illinois  and  all  mu- 
nicipalities in  the  State  must  be  governed  by  its  provisions 
in  raising  their  revenue. 

Taxes  must  be  levied  so  that  every  person  will  be  obliged 
to  pay  in  proportion  to  the  value  of  his  property.  The 
property  of  the  State,  counties  and  other  municipal  cor- 
porations, and  property  used  exclusively  for  agricultural 
or  horticultural  societies,  for  school,  religious  and  charita- 
ble purposes,  may  be  exempt  from  taxation.  It  authorizes 
the  sale  of  the  property  of  citizens  for  non-payment  of 
taxes  and  directs,  in  a  general  way,  how  it  may  be  done. 

To  protect  citizens  from  excessive  taxation,  it  forbids 
county  authorities  to  assess  taxes  whose  aggregate  ex- 
ceeds seventy-five  cents  per  one  hundred  dollars  of  valua- 

*See  page  57. 


TAXATION    AND    EMINENT   DOMAIN  247 

tion,  unless  authorized  by  a  vote  of  the  people.  For  the 
same  reason  it  prohibits  any  county,  city,  school  district 
or  other  municipal  corporation  from  becoming  indebted 
in  any  manner  or  for  any  purpose,  to  an  amount  exceeding- 
in  the  aggregate  five  per  cent  of  its  taxable  property,  and 
it  requires  that  suitable  provision  shall  be  made  for  the 
payment  of  every  public  debt  within  twenty  years  from  the 
time  it  is  incurred. 

Subject  to  these  general  Hmitations,  the  power  of  enact- 
ing necessary  revenue  legislation  is  committed  to  the  gen- 
eral assembly. 

The  Objects  for  Which  Taxes  Are  Levied. —  Taxes 
are  levied  for  the  support  of  the  State  government,  includ- 
ing the  salaries  and  expenses  of  State  officers,  the  mainte- 
nance of  public  buildings  and  offices  in  which  the  business 
of  the  State  is  transacted,  the  expenses  of  charitable  and 
educational  institutions,  the  equipment  of  the  militia,  and 
many  other  objects  involving  the  expenditure  of  money. 

At  each  session  of  the  legislature  certain  laws  are  passed 
called  appropriation  bills,  which  fix  the  amount  which  must 
be  raised  by  taxation  to  defray  the  expenses  of  the  State 
government. 

In  a  similar  manner  the  estimated  expenses  of  the  county 
are  determined  by  the  county  board,  which  must  adopt  an- 
nually a  resolution  called  the  appropriation  bill,  which  fixes 
the  amount  of  the  county  expenditures.*  The  county 
government  levies  taxes  to  pay  the  salaries  of  judges  and 
couRty  officers,  and  to  defray  the  expenses  of  the  county 
institutions,  including  courts,  jails,  almshouses,  hospitals 
and  asylums  of  various  kinds.  In  the  year  1898  the 
expense  of  conducting  the  government  of  Cook  County 


♦See  pages  169  and  171. 


248  STATE   GOVERNMENT 

amounted  to  about  $3,000,000.  Of  this  amount  about  thirty 
per  cent  was  expended  for  the  maintenance  of  the  courts, 
about  twenty  per  cent  in  paying  salaries,  about  twenty-five 
per  cent  in  defraying  the  expenses  of  hospitals, almshouses, 
asylums  and  various  charities,  and  the  remainder  for  the 
expenses  of  holding  elections,  assessing  taxes,  maintaining 
buildings  and  numerous  other  items,  which  may  be  classed 
under  the  head  of  administrative  expenses. 

The  objects  for  which  the  government  of  a  large  city 
levies  taxes  are  numerous.  In  round  numbers,  the  tax- 
payers of  the  City  of  Chicago  contribute  about  $16,000,000 
every  year  for  the  support  of  its  city  government  and 
public  school  system.  Of  this  total  amount,  about  forty- 
one  per  cent  is  expended  for  the  support  of  the  schools, 
about  twenty  per  cent  for  the  police  department,  about 
nine  per  cent  each  for  the  public  works  and  fire  depart- 
ments, and  the  remainder  for  miscellaneous  salaries,  elec- 
tions, interest  on  the  city  debt,  lighting  the  streets,  the 
sewer  department,  the  city  prison  and  the  public  library. 

Each  year  the  heads  of  the  various  departments  make  an 
estimate  of  the  amount  required  for  the  ensuing  year  to 
defray  the  expenses  of  their  respective  departments.  These 
estimates  are  embodied  in  an  ordinance  called  the  annual 
appropriation  bill,  which  the  city  council  must  pass  within 
the  first  quarter  of  each  year.  This  appropriation  bill  fixes 
the  amount  which  must  be  raised  by  taxation  to  support 
the  city  government. 

Besides  these,  other  taxes  are  levied  in  some  municipali- 
ties. For  example,  in  the  City  of  Chicago  a  tax  must  be 
paid  for  the  construction  of  the  drainage  canal,  and  another 
tax  to  maintain  and  extend  the  various  systems  of  parks 
and  boulevards.  All  of  these  taxes  are  apportioned  among 
the  citizens  and  collected  by  county  officers. 


TAXATION    AND    EMINENT    DOMAIN  249 

The  Assessment  of  Taxes. —  After  the  amount  to  be 
raised  by  taxation  for  State,  county,  municipal,  school  and 
other  public  purposes  has  been  determined,  then  the  pro- 
portion of  this  amount  to  be  paid  by  each  individual  must 
be  ascertained.     This  is  called  the  assessment  of  taxes. 

The  just  assessment  of  taxes  is  a  delicate  and  difficult 
task,  and  the  law  carefully  prescribes  the  methods  to  be  pur- 
sued. It  is  necessary  first  to  obtain  an  accurate  list  of  all 
the  property  in  the  county  which  is  liable  to  taxation. 
Property  is  of  two  kinds — namely,  real  property,  consisting 
of  lands  and  houses,  and  personal  property,  which  includes 
everything  movable,  such  as  money,  stocks,  bonds,  furni- 
ture, horses,  cattle,  jewelry  and  merchandise. 

The  list  of  real  property  is  made  by  the  county  clerk 
every  fourth  year  prior  to  the  first  day  of  April  in  that  year, 
but  must  be  revised  by^him  annually.  Personal  property 
must  be  listed  by  the  person  who  owns  it.  Every  such 
person  is  required  each  year  to  make  a  correct  statement 
of  the  personal  property  owned  by  him  on  the  first  day  of 
April.  The  form  of  this  statement  is  prescribed  by  law 
and  the  person  who  makes  it  must  swear  to  the  correctness 
of  its  contents. 

Assessors. — The  actual  work  of  assessing  the  taxes  is 
done  by  officers  called  assessors,  there  being  one  assessor 
in  each  town  of  the  State.  In  counties  not  under  township 
organization  the  county  treasurer  is  the  county  assessor. 
In  counties  under  township  organization  having  less  than 
125,000  inhabitants  the  county  treasurer  is  the  super- 
visor of  assessments  and  has  general  charge  of  the  work  of 
the  various  assessors  of  the  towns  in  his  county.  In  all 
counties  containing  125,000  inhabitants  or  more  a  board  of 
assessors,  consisting  of  five  persons,  is  elected  by  the  people. 

Notwithstanding  the  different  ways  in  which  these  offices 


250  STATE  GOVERNMENT 

are  filled,  the  work  of  assessors  of  taxes  is  substantially  the 
same  in  all  parts  of  the  State.  It  is  their  duty  to  obtain 
from  the  county  clerk  on  or  before  the  first  day  of  April  in 
each  year  the  assessment  books,  which  contain  the  list  of 
real  estate  liable  to  taxation  in  the  different  towns  or  dis- 
tricts of  the  county,  and  to  determine,  as  nearly  as  possible, 
the  value  of  each  parcel  of  land.  The  assessors  also  must 
make  a  list  of  the  persons  owning  personal  property  and  its 
value.  Both  real  and  personal  property  are  appraised  by 
the  assessors  at  their  fair  cash  value,  which  is  termed  the 
"full  value"  of  the  property.  One  fifth  of  this  value  is 
called  the  "assessed  value,"  and  is  taken  as  the  basis  on 
which  the  amount  of  tax  to  be  paid  by  the  owner  is  com- 
puted. 

Board  of  Rev-ieiv. — The  work  of  the  assessors  is  subject 
to  revision  by  another  set  of  officers,  called  the  Board  of 
Review.  In  counties  under  township  organization  having 
less  than  125,000  inhabitants  this  board  is  composed  of  the 
clerk  of  the  county  court,  the  chairman  of  the  county  board 
and  a  citizen  selected  by  the  county  judge.  In  counties  not 
under  township  organization  the  Board  of  County  Commis- 
sioners constitutes  the  board  of  review.  In  counties 
under  township  organization,  containing  125,000  or  more 
inhabitants,  a  board  of  review,  consisting  of  three  persons, 
is  elected  by  the  people. 

The  board  of  review  is  required  to  meet  on  or  before 
the  second  Monday  in  July  in  each  year  for  the  purpose  of 
revising  the  assessment  of  property.  It  has  power  to  revise 
the  whole  or  any  part  of  the  assessment  of  any  taxpayer 
and  correct  the  same  as  shall  appear  to  them  to  be  just.  It 
is  the  duty  of  the  board  of  review  to  revise,  adjust,  correct 
and  alter  the  work  of  the  assessors  so  as  to  produce  an 


TAXATION    AND    EMINENT    DOMAIN  251 

equitable  distribution  of  the  burdens  of  taxation  among  all 
the  taxpayers.* 

Computing  the  Rate. — The  assessment  books  are  made  in 
duplicate,  and  when  the  work  of  assessing  the  property  in 
the  county  has  been  completed  the  board  of  review  delivers 
one  set  of  these  books  to  the  county  clerk  and  the  other  set 
to  the  county  assessor,  supervisor  of  assessments,  or  board 
of  assessors.  The  county  clerk  computes  the  rate  per  cent 
upon  the  proper  valuation  of  the  property  in  the  county 
which  will  produce  the  amount  required  to  be  raised  by 
taxation.** 

After  the  work  of  assessing  property  and  computing  the 
rate  of  taxes  has  been  completed,  the  county  clerk  delivers 
to  collectors  in  his  county  books  for  the  collection  of  taxes, 
which  contain  correct  lists  of  the  taxable  property  as 
assessed.  This  must  be  done  on  or  before  the  tenth  day  of 
January  following  the  year  in  which  the  taxes  are  levied. 
In  counties  under  township  organization  a  collector  in  each 
town  is  chosen  by  the  people,  and  the  county  treasurer  is 
the  county  collector.  Each  county  not  under  township 
organization  is  made  by  law  a  collection  district,  and  the 
sherifif  is  both  district  and  county  collector. 

Collection  of  Taxes. — Each  town  collector,  upon  receiving 
the  tax  books,  proceeds  to  collect  the  taxes  listed  therein, 


•Another  body,  having  some  duties  to  perform  in  connection  with  the 
assessment  of  taxes,  is  the  State  Board  of  Equalization,  which  is  composed 
of  one  member  elected  by  the  people  in  each  of  the  congressional  districts  of 
the  State.  This  board  assesses  the  capital  stock  of  corporations  and  certain 
property  of  railroad  companies,  described  as  "railroad  track"  and  "rolling 
stock."  It  also  equalizes  the  assessment  in  the  different  counties  so  as  to 
accomplish  a  just  distribution  of  assessments  throughout  the  State— that  is, 
make  the  assessed  value  of  the  property  in  each  county  bear  a  just  relation 
to  the  assessed  value  of  the  property  in  all  other  counties. 

•*See  Moore's  Arithmetic,  page  212,  for  an  explanation  of  the  method  of 
computing  taxes. 


252  STATE   GOVERNMENT 

and  for  that  purpose  he  must  call  at  least  once  on  each 
person  taxed  and  demand  payment  of  his  personal  property 
tax.  In  case  of  non-payment,  it  is  then  the  duty  of  the  col- 
lector to  levy  upon  and  sell  the  personal  property  of  such 
delinquent  and  thus  collect  the  debt  due  to  the  public.  The 
collectors  are  required  to  make  statements  every  thirty  days 
of  the  amounts  collected  by  them  and  to  pay  over  the  same 
to  the  proper  officers. 

They  must  return  the  tax  books  to  the  county  collector 
and  make  final  settlements  for  the  amount  of  taxes  placed 
in  their  hands  for  collection  Dn  or  before  the  tenth  day  of 
March  in  each  year.  At  this  time  they  are  required  to 
furnish  to  the  county  collector  a  detailed  statement  of  the 
amount  of  taxes  they  have  been  unable  to  collect  on  real 
estate  and  on  personal  property. 

After  these  returns  have  been  made  by  the  collectors  it  is 
the  duty  of  the  county  collector  to  proceed  to  collect  unpaid 
taxes  and  to  turn  the  same  over  to  the  proper  municipal 
officers  in  the  same  manner  as  is  required  of  the  town  and 
district  collectors.  The  power  of  town  and  district  collect- 
ors to  enforce  the  payment  of  taxes  extends  onl)'  to  a  sale 
of  the  personal  property  of  the  person  charged.  For  this 
reason  the  greater  portion  of  the  personal  property  tax  is 
generally  collected  by  the  town  or  district  collectors,  leav- 
ing only  a  comparatively  small  part  to  be  collected  by  the 
county  collector.  The  county  collector  is  required  to  en- 
force the  collection  of  delinquent  taxes  on  real  property  by 
a  sale  of  the  property  taxed.  Therefore,  as  the  majority  of 
taxpayers  like  to  postpone  the  payment  of  their  taxes  as 
long  as  possible,  it  follows  that  the  greater  portion  of  tlie 
taxes  on  real  estate  are  collected  by  the  county  collector. 

Delinquent  Taxes. — All  real  estate  upon  which  taxes  re- 
main due  and  unpaid  on  the  tenth  day  of  March,  annually. 


TAXATION    AND    EMINENT   DOMAIN  253 

or  at  the  time  the  town  or  district  collector  makes  return  of 
his  books  to  the  county  collector,  is  deemed  delinquent,  and 
such  taxes  bear  interest  after  the  first  day  of  May  at  the 
rate  of  one  per  cent  per  month  until  paid  or  collected  by 
sale  of  the  property.  The  proceedings  for  the  sale  of  real 
estate  for  the  non-payment  of  taxes  usually  commence  in 
the  months  of  April  and  May,  and  in  the  case  of  populous 
counties,  Hke  Cook  County,  where  real  estate  is  subdi- 
vided into  small  lots  or  parcels,  the  sale  is  not  completed 
until  the  month  of  December  following. 

After  real  estate  has  been  sold  for  non-payment  of  taxes 
the  county  clerk  executes  and  delivers  to  the  purchaser  a 
certificate  of  purchase,  which  describes  the  property  sold 
and  states  the  date  of  the  sale,  the  amount  of  unpaid  taxes 
on  the  property  and  other  details.  The  owner  of  the  prop- 
erty sold  is  allowed  two  years  in  which  to  redeem  from  the 
sale,  by  paying  to  the  county  clerk  the  amount  of  the  taxes 
for  which  the  land  was  sold,  together  with  interest,  expenses 
of  the  sale  and  the  penalties  imposed  by  law  in  such  cases. 
If  the  owner  does  not  redeem  within  the  two  years,  then  the 
holder  of  the  certificate  of  purchase  is  entitled  to  receive 
from  the  county  clerk  a  tax  deed,  which  conveys  to  him  an 
absolute  title  to  the  property  sold. 

Eminent  Domain. —  There  is  another  method  by  which 
the  government  sometimes  takes  possession  of  the  property 
of  individuals  and  uses  the  same  for  public  purposes.  This 
is  done  by  the  exercise  of  the  right  of  eminent  domain,  by 
which  is  meant  the  right  of  the  government  to  take  posses- 
sion of  and  use  property  for  the  benefit  of  the  public,  which 
is  greater  than  the  right  of  the  individual  citizen  to  hold  the 
property  for  his  own  private  use.  This  power  of  the 
government  is  exercised  so  frequently  that  a  general  knowl- 
edge of  the  subject  should  be  possessed  by  every  citizen, 


254  STATE   GOVERNMENT 

and,  therefore,  a  very  common  instance  will  be  taken  as  an 
illustration. 

Taking  Property. — It  is  the  duty  of  the  government  of  a 
city  or  village  to  lay  out  and  open  such  streets  and  alleys 
as  may  be  required  for  the  convenience  of  the  public.  The 
contemplated  street  must  necessarily  cross  the  land  of  one 
or  more  citizens,  and  sometimes  the  property  owner  is  com- 
pelled to  move  his  buildings  from  the  ground  to  be  so  occu- 
pied. This  is  a  damage  to  the  owner  of  the  property,  be- 
cause his  land  is  taken  from  him  and  used  as  a  street  and 
perhaps  he  has  been  obliged  to  tear  down  or  remove  ex- 
pensive structures.  Therefore,  the  law  compels  the  gov- 
ernment in  such  a  case  to  pay  to  the  property  owner  the 
amount  of  the  damage  incurred. 

Compensation. — The  rights  of  citizens  in  all  cases  of  this 
kind  are  secured  by  the  constitution,  which  provides  that 
"private  property  shall  not  be  taken  or  damaged  for  public 
use  without  just  compensation."  Further,  the  laws  of  the 
State  indicate  the  method  to  be  followed  in  ascertaining  the 
amount  of  damage  to  be  paid  to  citizens  in  such  cases.  The 
city  is  obliged  to  file  a  petition  in  the  county  or  circuit 
court,  setting  forth  a  description  of  the  property  which  it 
is  proposed  to  take,  the  purpose  for  which  it  is  to  be  taken, 
the  name  or  names  of  the  owners,  and  asking  that  the  com- 
pensation to  be  paid  to  the  owner  may  be  determined  by 
the  court.  This  question  is  submitted  to  a  jury  of  twelve 
persons  selected  in  the  same  manner  as  in  other  trials,  and 
the  amount  awarded  by  the  jury  must  be  paid  by  the  gov- 
ernment to  the  owner  of  the  property  before  it  can  use  the 
land  for  the  purpose  proposed. 

Taxation  and  Eminent  Domain  Contrasted. — Thus  the  exer- 
cise of  the  right  of  eminent  domain  is  similar  to  the  exercise 
of  the  power  of  taxation,  in  that  private  property  is  taken 


TAXATION    AND    EMINENT    DOMAIN  255 

for  public  purposes  in  both  cases,  and  in  both  cases  com- 
pensation is  given  to  the  owner.  But  there  are  marked 
differences  to  be  observed  with  reference  to  these  subjects. 
The  right  of  eminent  domain  is  exercised  not  only  by  the 
different  kinds  of  government  under  which  we  live,  but  also 
by  certain  public  corporations,  such  as  railroads,  and  tele- 
graph and  bridge  companies,  while  the  power  of  taxation 
is  exercised  by  the  government  alone.  Again,  the  right  of 
eminent  domain  is  exercised  only  at  certain  times  and  in 
certain  cases,  while  taxation  is  enforced  at  all  times  and 
affects  all  property  owners. 

There  is  also  a  difference  in  the  kind  of  compensation 
that  the  citizen  receives.  When  his  property  is  taken  under 
the  right  of  eminent  domain  he  is  paid  for  it  in  money,  but 
when  it  is  taken  by  taxation  the  citizen  gets  his  pay  by 
receiving  police  and  fire  protection,  the  advantages  of  pub- 
lic schools  and  all  other  benefits  that  he  derives  from  the 
government  under  which  he  lives. 


CHAPTER  XXIV. 
THE  RIGHTS  AND  DUTIES  OF  CITIZENS. 

The  consideration  given  in  the  preceding  chapters  to  the 
political  institutions  of  our  country  and  State  will  fail  in  its 
purpose  if  it  does  not  impress  us  with  the  magnitude  and 
number  of  the  rights,  privileges  and  immunities  enjoyed  by 
American  citizens,  as  well  as  the  serious  character  of  the 
obligations  imposed  upon  them. 

In  concluding  our  study,  we  shall  summarize  briefly  the 
more  important  of  these  rights  and  duties.  An  exhaustive 
statement  of  these  topics  involves  a  detailed  study  of  our 
statute  books,  because  every  provision  of  the  national  and 
State  constitutions,  as  well  as  every  law  that  has  been  en- 
acted, is  designed  to  protect  citizens  in  the  enjoyment  of 
some  right,  and  the  possession  of  a  right  always  implies 
the  existence  of  a  duty  on  the  part  of  its  possessor. 

The  rights  of  a  citizen  of  the  United  States  may  be  divided 
into  two  classes — namely,  those  civil  rights  which  are  en- 
joyed by  all  citizens  alike,  regardless  of  age  or  sex,  and 
those  political  rights  which  are  possessed  by  citizens  hav- 
ing certain  qualifications. 

It  was  the  special  aim  and  object  of  the  founders  of  our 
government  to  protect  the  civil  rights  of  citizens.  To  this 
end  we  find  it  enunciated  in  the  Declaration  of  Independ- 
ence that  among  the  inalienable  rights  of  men  are  those  of 
life,  liberty  and  the  pursuit  of  happiness,  and  that  govern- 
ments are  instituted  to  secure  these  rights.     The  study  of 

(256) 


RIGHTS   AND    DUTIES   OF   CITIZENS  257 

our  national  Constitution  also  shows  that  its  framers  zeal- 
ously guarded  and  protected  these  rights.  This  is  ap- 
parent when  Ave  recall  that,  after  the  instrument  had 
been  completed  and  signed  by  the  members  of  the  constitu- 
tional convention,  there  was  still  a  lingering  fear  that  the 
document  had  not  been  sufficiently  explicit  in  these  par- 
ticulars, and  that  to  remove  all  possible  doubt  the  first  ten 
amendments  were  adopted  at  the  earliest  opportunity.  To 
still  further  protect  citizens  in  the  enjoyment  of  their  civil 
and  political  rights  the  last  three  amendments  were  enacted. 

In  a  similar  manner,  the  constitution  of  Illinois  shows 
with  what  solicitude  and  care  these  rights  have  been 
guarded  by  that  instrument,  and  nowhere  can  there  be 
found  a  more  complete  list  of  the  civil  and  political  rights 
of  mankind  than  is  contained  in  the  Bill  of  Rights  which 
forms  a  part  of  our  State  constitution. 

Rights  of  Citizens. —  Personal  Security. — Every  citizen 
has  the  right  of  personal  security — that  is,  to  be  protected 
from  personal  injury,  either  to  his  body,  health  or  reputa- 
tion. To  this  end,  a  large  portion  of  our  laws  have 
been  framed,  and  in  their  enforcement  many  public  officers 
are  employed.  For  the  protection  of  citizens  from  actual 
bodily  harm  and  violence,  sherififs  and  policemen  perform 
their  duties,  and,  in  case  their  assistance  cannot  be  had,  the 
citizen  is  given  the  right  to  defend  himself.  The  public 
health  is  guarded  by  numerous  laws  and  ordinances  on 
sanitary  subjects,  and  great  care  is  taken  to  prevent  the 
spread  of  contagious  diseases.  Lastly,  the  laws  for  the 
punishment  of  slander  and  libel  protect  the  reputations  of 
citizens. 

Property. — This  is  one  of  those  absolute  civil  rights  of 
which  the  citizen  cannot  be  deprived.  It  means  that  every 
one  has  the  right  to  acquire,  own  and  use  property,  and 


^58  STATE   GOVERNMENT 

that,  if  necessary,  the  entire  power  of  the  government  will 
be  exerted  to  prevent  an  individual  from  being  deprived 
unlawfully  of  his  property.  No  man's  property  can  be 
taken  from  him  by  another  except  by  due  process  of  law, 
and  if  a  citizen  faithfully  fulfills  his  obligations,  legal  proc- 
esses will  not  be  invoked  against  him. 

Personal  Liberty. — The  existence  of  this  right  is  recog- 
nized by  numerous  paragraphs  of  the  Bill  of  Rights.  By 
virtue  of  it  a  citizen  is  free  to  travel  and  live  where  he 
pleases  and  to  engage  in  such  lawful  occupation  as  he  deems 
best.  In  ancient  times  a  ruler  could  deprive  a  citizen  of  his 
personal  liberty  at  will,  and  therefore  our  English  ancestors 
devised  a  remedy  for  this  evil,  known  as  the  writ  of  habeas 
corpus.  It  has  been  in  use  in  England  from  a  period  of  re- 
mote antiquity,  for  personal  liberty  has  always  been  asserted 
by  the  English  law  from  its  earliest  ages.  The  principle 
was  declared  in  the  most  solemn  manner  in  Magna  Charta, 
but  the  benefits  of  the  writ  were  frequently  avoided  by  time- 
serving judges  until  the  year  1679,  when  the  habcas-corpns 
act  was  passed  by  the  English  Parliament. 

The  habcas-corpns  act  has  been  substantially  incorpo- 
rated into  the  laws  of  every  State  in  the  Union,  and  the 
right  to  the  writ  has  been  secured  by  the  constitutions  of 
the  United  States  and  of  the  State  of  Illinois,  both  of  which 
provide  that  the  privilege  shall  not  be  suspended,  except 
when  the  public  safety  requires  it. 

The  writ  of  habeas  corpus  is  a  tlocument  issued  by  order 
of  court  upon  the  application  of  any  person  who  is  unlaw- 
fully deprived  of  his  liberty.  It  commands  the  person  hav- 
ing in  his  custody  the  applicant  for  the  writ  to  bring  him 
before  the  court  to  be  dealt  with  according  to  the  law.  If 
the  judge  finds  that  the  applicant  for  the  writ  has  been  un- 
lawfully deprived  of  his  liberty  he  discharges  him  from 


RIGHTS   AND   DUTIES   OF   CITIZENS  259 

custody  at  once.  If.  on  the  other  hand,  it  is  found  that  the 
confinement  is  lawful,  the  prisoner  is  remanded  to  the  cus- 
tody of  the  person  producing  him.  to  await  the  further  ac- 
tion of  the  law. 

It  is  impossible  to  evade  the  provisions  of  the  habeas- 
corpus  act,  and  personal  liberty  will  be  safe  in  Illinois  as 
long  as  this  law  remains  in  force. 

Freedom  of  Conscience. — The  right  to  perfect  freedom  in 
all  matters  of  religious  worship  and  profession  is  one  of  the 
fundamental  principles  of  our  government.  To  secure  this 
freedom,  our  ancestors  left  their  homes  in  Europe  and  set- 
tled in  a  wilderness.  The  constitution  of  Illinois  declares 
that  this  right  shall  forever  be  guaranteed  and  protected, 
and  that  no  person  shall  ever  be  denied  any  civil  or  political 
right  by  reason  of  his  religious  belief. 

So  firmly  has  this  principle  become  established  in  our 
institutions  and  so  fully  do  we  recognize  its  existence  that 
we  scarcely  realize  how  many  years  of  struggle,  what  sacri- 
fice of  life  and  expenditure  of  money  its  establishment  has 
cost.  The  history  of  almost  every  nation  shows  that  the 
denial  of  this  right  has  been  the  source  of  a  large  part  of 
the  cruelty  and  warfare  from  which  mankind  has  suffered. 

Freedom  of  Speech  and  of  the  Press. — Every  person  is  at 
liberty  to  freely  speak  and  write  and  publish  his  views  upon 
all  subjects,  but  is  responsible  to  any  one  injured  by  the 
abuse  of  that  liberty.  Absolute  freedom  of  speech  and 
discussion,  especially  with  reference  to  pubHc  matters,  is 
essential  to  the  welfare  and  perpetuity  of  the  principles  of 
popular  government,  because  by  the  free  interchange  of 
opinion  among  people  sound  views  are  developed  and  will 
generallv  prevail.  In  the  exercise  of  this  right  care  must 
be  taken  that  the  reputation  or  business  of  a  citizen  is  not 
injured  by  the  circulation  of  false  statements.     The  mali- 


260  STATE  GOVERNMENT 

cious  utterance  of  such  statements  is  called  slander,  and 
the  publication  of  them  is  libel,  both  of  which  are  punished 
by  severe  penalties. 

Protection  from  Unjust  Lazvs. — Tyrannical  governments 
in  all  ages  have  resorted  to  the  expedient  of  enacting  op- 
pressive laws,  so  that  their  unjust  acts  might  be  defended 
by  the  plea  that  the  laws  must  be  enforced.  At  other  times 
the  operation  of  just  and  reasonable  laws  has  been  sus- 
pended at  the  will  of  the  sovereign,  regardless  of  the  rights 
of  the  people.  Acts  such  as  these  were  charged  against 
the  King  of  Great  Britain  by  the  Declaration  of  Inde- 
pendence. To  insure  the  people  against  abuses  of  this 
kind  the  constitution  provides :  That  no  ex  post  facto  law, 
or  law  impairing  the  obligation  of  contracts,  shall  be  en- 
acted ;*  that  all  penalties  shall  be  proportioned  to  the 
nature  of  the  ofifense,  and  no  conviction  shall  work  cor- 
ruption of  blood  or  forfeiture  of  estate.** 

The  first  of  these  provisions  protects  the  people  from 
any  legislative  act  having  a  retroactive  effect.  An  ex  post 
facto  law  is  one  which  establishes  or  increases  the  penalty 
of  an  act  already  committed.  For  example,  forgery  is  a 
crime  punished  by  imprisonment  in  the  penitentiary,  but  if 
the  legislature  should  enact  a  law  condemning  to  death  all 
persons  who  have  been  convicted  of  forgery  during  the  last 
two  years,  such  a  law  would  be  ex  post  facto  and  therefore 
unconstitutional  and  void. 

Any  law  which  destroys  or  impairs  the  validity  of  a  con- 
tract is  also  contrary  to  the  constitution  and  void,  because 
when  citizens,  relying  upon  existing  laws,  enter  into  an 
agreement,  they  acquire  rights  in  the  subject  matter  of 
the  agreement.     In  such  a  case  it  would  be  manifestly 


*Sec  Sec.  14,  Article  II,  of  Constitution  o€  1870, 
•*See  Constitution  of  1870,  Art.  II,  Sec.  11, 


RIGHTS  AND   DUTIES   OF  CITIZENS  261 

unjust  for  the  legislature  to  damage  or  destroy  those  rights 
by  passing  a  law  which  would  impair  in  any  way  the  obli- 
gations created  by  the  contract. 

The  second  of  these  constitutional  provisions  protects 
citizens  from  suflfering  excessive  penalties  for  compara- 
tively small  crimes  or  misdemeanors.  In  some  despotic 
governments  the  penalty  of  death  is  imposed  for  quite  a 
variety  of  oflfenses,  but  under  our  more  humane  laws  it  is 
inflicted  only  in  the  case  of  a  conviction  for  murder. 

The  same  provision  of  our  State  constitution  forbids  a 
kind  of  punishment  which  in  former  times  was  inflicted  fre- 
quently, particularly  in  cases  of  treason,  whereby  the  per- 
son convicted  not  only  suffered  the  severest  penalty,  but 
also  forfeited  all  his  property  to  the  government,  and  his 
blood  was  declared  corrupted,  so  that  he  became  incapable 
of  receiving  or  transmitting  any  inheritance.  Such  a  pun- 
ishment was  inflicted  by  legislative  or  judicial  act,  called  a 
Bill  of  Attainder,  or  simply  an  Attainder.  It  had  the  effect 
of  punishing  children  and  innocent  persons  for  the  crimes 
of  their  ancestors.  Attainders  have  been  abolished  in  Eng- 
land and  are  forbidden  by  the  Constitution  of  the  United 
States  and  the  State  of  Illinois. 

The  examples  which  have  been  given  illustrate  what  is 
meant  by  the  civil  rights  of  a  citizen.  His  political  rights 
are  just  as  highly  prized  and  important,  but  not  nearly  so 
numerous. 

Suffrage. — This  is  the  most  important  political  right  pos- 
sessed by  citizens.  The  origin  of  the  word  suffrage  is 
somewhat  in  doubt,  but  its  meaning  is  familiar  to  every 
person.  The  right  of  suffrage  is  the  right  to  vote — that 
is,  to  give  expression  to  a  choice  as  to  what  person  shall  fill 
a  particular  office  or  as  to  whether  or  not  a  given  govern- 
mental proposition  shall  become  operative.     The  right  of 


2G2  STATE   GOVERNMENT 

suffrage  is  important,  because  by  means  of  it  each  person 
who  is  entitled  to  its  exercise  has  a  voice  in  the  determina- 
tion of  pubHc  questions. 

The  Right  to  Hold  Office. — It  is  the  riglit  of  every  Amer- 
ican citizen  to  hold  office,  provided  he  has  the  requisite 
qualifications  established  by  law.  It  is  also  his  privilege  to 
aspire  to  any  office  which  he  is  qualified  to  fill.  In  the  pre- 
ceding pages  many  offices  have  been  mentioned,  and  there 
are  many  others  which  have  been  omitted.  The  occupants 
of  each  of  these,  from  the  highest  to  the  lowest,  have  been 
chosen  from  the  mass  of  the  people. 

The  ambition  to  hold  public  office  is  an  honorable  one. 
but  in  its  attainment  none  but  honorable  methods  should 
be  used.  It  is  a  great  honor  to  be  chosen  to  fill  an  office 
of  public  trust,  and  every  recipient  of  such  favor  should 
strive  to  merit  it  by  avoiding  selfishness  and  corruption  in 
the  performance  of  his  duties. 

The  Duties  of  Citizens. —  The  duties  which  all  citizens 
owe  to  their  government  should  receive  their  consideration 
(juite  as  much  as  the  rights  which  they  enjoy,  but,  unfortu- 
nately, this  is  not  always  the  case.  All  citizens  of  this  coun- 
try are  fairly  zealous  in  claiming  their  rights,  but  when  it 
comes  to  the  performance  of  their  duties  they  often  display 
an  ignorance  or  negligence  which  does  not  speak  well  for 
their  intelligence  or  patriotism.  These  duties  are  almost  as 
numerous  as  the  rights  which  have  been  described,  and  are 
also  of  a  civil  and  political  character. 

Obedience  to  the  Lazv. — This  topic  covers  a  multitude  of 
matters  which  might  be  considered  with  profit,  but  we  can 
discuss  it  only  in  a  general  way.  It  includes  all  of  the  duties 
of  citizens.  Every  person  who  expects  to  be  protected  by 
the  law  in  the  enjoyment  of  his  rights  must  conform  to  the 
conditions  which  the  laws  have  imposed.     If  he  fails  in  this 


RIGHTS   AND   DUTIES   OF  CITIZENS  263 

respect  he  is  likely  to  lose  some  of  his  rights  and  to  suffer 
a  penalty  proportionate  to  his  failure.  Laws  should  be 
obeyed  by  citizens  from  a  sense  of  duty,  and  not  from  fear 
of  punishment. 

Any  person  who  obeys  the  law  because  he  fears  the  pen- 
alty of  disobedience  is  likely  to  disobey  it  if  he  thinks  he  can 
escape  discovery  and  punishment.  A  citizen  who  is  willing 
to  obey  the  law  only  in  cases  where  he  fears  discovery  and 
who  is  ready  to  disobey  it  secretly  when  he  thinks  his  per- 
sonal interests  will  be  promoted  thereby,  is  quite  as  dan- 
gerous to  the  welfare  of  the  community  as  the  professional 
lawbreaker  and  marauder.  Yet  many  a  so  called  respecta- 
ble citizen  does  this  very  thing  when  he  is  a  party  to  cor- 
ruption in  official  conduct  or  bribery  at  elections. 

llic  Payment  of  Taxes. — Although  it  is  perfectly  clear 
to  every  citizen  that  the  expenses  of  government  must  be 
paid  by  taxation  and  that  all  should  contribute  for  this  pur- 
pose in  proportion  to  their  wealth,  yet  some  men  will  seek- 
to  avoid  this  duty.  In  doing  so,  they  resort  to  many  dis- 
honorable practices.  They  make  untrue  statements  to  the 
assessors  as  to  the  amount  of  their  property,  especially  if 
their  wealth  is  in  such  a  form  that  it  can  be  concealed.  To 
ease  their  consciences  in  making  these  statements  they  tem- 
porarily transfer  their  property  just  before  the  first  day  of 
April-  and  recover  it  shortly  after  that  date.  They  tell  the 
assessors  that  their  property  is  worth  much  less  than  its  real 
value.  This  is  especially  the  case  with  reference  to  personal 
property,  the  value  of  which  can  be  misrepresented  with 
much  more  safety  than  in  the  case  of  real  estate. 

People  who  seek  to  escape  the  burden  of  taxation  by 
methods  such  as  these  are  generally  known  as  "tax-dodg- 
ers." Thev  defraud  the  government  of  its  just  dues  and 
are   not   good   citizens.     Any  person   who  is   willing  to 


264  STATE  GOVERNMENT 

receive  the  benefits  of  the  government  and  seeks  to  avoid 
paying-  for  what  he  gets  is  actuated  by  principles  no  better 
than  those  of  the  professional  solicitor  of  alms  or  the  man 
who  habitually  repudiates  his  honest  debts. 

Self-Support. — Every  citizen  should  avoid  being  a  burden 
upon  the  community,  and  therefore  it  is  his  duty  to  provide 
for  the  support  of  himself  and  those  dependent  upon  him. 
To  perform  this  duty,  every  one  should  have  some  occupa- 
tion by  which  he  can  earn  his  living  and  follow  it  indus- 
triously. No  self-respecting  man  is  willing  to  receive  his 
support  at  the  expense  of  others,  and,  except  in  cases  of 
misfortune,  an  able-bodied  person  who  is  a  burden  upon 
the  community  has  failed  in  performing  the  duties  of 
citizenship. 

Taking  Part  in  Public  Affairs. — Voting  is  not  only  the 
right  and  privilege  of  the  citizen,  but  it  is  also  his  duty. 
The  citizen  who  is  qualified  to  vote  and  fails  to  do  so  is  just 
as  responsible  for  the  evils  of  misgovernment  as  the  man 
who  votes  for  a  dishonest  candidate  or  a  pernicious  govern- 
mental measure. 

This  duty  should  be  performed  intelligently ;  therefore 
every  citizen  should  take  part  in  the  discussion  of  public 
questions  and  be  well  informed  upon  those  subjects  which 
pertain  to  the  administration  of  public  afifairs.  In  this 
country,  the  people  govern  themselves.  They  are  the 
source  of  all  power.  Therefore,  if  the  government  is  bad, 
the  responsibility  must  rest  with  the  people  who  have 
voted  for  improper  measures  or  unworthy  candidates,  or 
both. 

The  qualified  voter  who  neglects  to  perform  the  duty  of 
voting  should  not  complain  if  dishonest  offtcials  plunder 
the  public  treasury,  for  he  did  nothing  to  prevent  it.  The 
busy  citizen  who  cannot  find  time  to  attend  primary  elec- 


RIGHTS  AND   DUTIES   OF   CITIZENS  265 

tions,  or  political  conventions,  should  not  complain  of 
unworthy  candidates,  because  he  has  been  willing  to  let 
others  do  the  work  of  nominating  them,  instead  of  partici- 
pating in  the  matter  himself. 

There  are  many  other  duties  which  we  might  mention, 
as  that  of  holding  public  office  when  the  welfare  of  the 
community  will  be  promoted  thereby,  the  duty  of  pub- 
lic service,  both  in  peace  and  war,  and  the  duty  of  cultivat- 
ing that  public  spirit  which  places  the  good  of  the  State  or 
nation  above  personal  profit  and  ambition ;  but  all  of  these 
have  been  suggested  by  what  has  been  said,  and  the  intelli- 
gent and  patriotic  citizen  will  have  no  difficulty  in  discover- 
ing where  his  duty  lies.  Duty  and  conscience  should  be 
the  guides  in  civil  and  political  life,  and  those  who  follow 
and  obey  are  good  citizens. 

THE  END. 


APPENDIX  "A." 

CONSTITUTION   OF   THE   UNITED   STATES. 

September  17,   1787. 

Preamble. — We,  the  people  of  the  United  States,  in  order  to 
form  a  more  perfect  union,  establish  justice,  insure  domestic  tran- 
quillity, provide  for  the  common  defense,  promote  the  general  wel- 
fare, and  secure  the  blessings  of  liberty  to  ourselves  and  our 
posterity,  do  ordain  and  establish  this  constitution  for  the  United 
States  of  America. 

ARTICLE    I. 

I.  All  legislative  powers  herein  granted  shall  be  vested  in  a  con- 
)4ress  of  the  United  States,  which  shall  consist  of  a  senate  and  house 
of  representatives. 

\/ 2.  First.  The  house  of  representatives  shall  be  composed  of 
members  chosen  every  second  year,  by  the  people  of  the  severa' 
states:  and  the  electors  in  each  state  shall  have  the  qualifications 
requisite  for  electors  of  the  most  nimierous  branch  of  the  state 
legislature. 

!  Second.  No  person  shall  be  a  representative  who  shall  not  have 
attained  to  the  age  of  twenty-five  years,  and  been  seven  years  a 
citizen  of  the  United  States,  and  who  shall  not,  when  elected,  be  an 
inhabitant  of  that  state  in  which  he  shall  be  chosen. 

Third.  Representatives  and  direct  taxes  shall  be  apportioned 
among  the  several  states  which  may  be  included  within  this  union, 
according  to  their  respective  numbers,  which  shall  be  determined 

(267) 


268  APPENDIX  "A" 

by  adding  to  the  whole  number  of  free  persons,  including  those 
bound  to  service  for  a  term  of  years,  and  excluding  Indians  not 
taxed,  three-fifths  of  all  other  persons.  The  actual  enumeration 
shall  be  made  within  three  years  after  the  first  meeting  of  the  con- 
gress of  the  United  States,  and  within  every  subsequent  term  of 
ten  years,  in  such  manner  as  they  shall  by  law  direct.  The  number 
of  representatives  shall  not  exceed  one  for  every  30,000,  but  each 
state  shall  have  at  least  one  representative;  and  until  such  enumera- 
tion shall  be  made,  the  state  of  New  Hampshire  shall  be  entitled  to 
choose  three;  Massachusetts,  eight;  Rhode  Island  and  Providence 
Plantations,  one;  Connecticut,  five;  New  York,  six;  New  Jersey,  four; 
Pennsylvania,  eight;  Delaware,  one;  Maryland,  six;  Virginia,  ten; 
North  Carolina,  five;  South  Carolina,  five,  and  Georgia,  three. — See 
14th  Amendment. 

Fourth.  When  vacancies  happen  in  the  representation  from  any 
state,  the  executive  authority  thereof  shall  issue  writs  of  election  to 
fill  such  vacancies. 

Fifth.  The  house  of  representatives  shall  choose  their  speaker 
and  other  officers,  and  shall  have  the  sole  power  of  impeachment. 
\^    3.  First.  The  senate  of  the  United  States  shall  be  composed  of 
two  senators  from  each  state,  chosen  by  the  legislature  thereof,  for 
six  years;  and  each  senator  shall  have  one  vote. 

Second.  Immediately  after  they  shall  be  assembled  in  consequence 
of  the  first  election,  they  shall  be  divided,  as  equally  as  may  be, 
into  three  classes.  The  seats  of  the  senators  of  the  first  class  shall 
be  vacated  at  the  expiration  of  the  second  year;  of  the  second  class, 
at  the  expiration  of  the  fourth  year;  and  of  the  third  class,  at  the 
expiration  of  the  sixth  year,  so  that  one  third  may  be  chosen  every  » 
second  year;  and  if  vacancies  happen  by  resignation  or  otherwise, 
dufing  the  recess  of  the  legislature  of  any  state,  the  executive 
thereof  may  make  temporary  appointments  until  the  next  meeting 
of  the  legislature,  which  shall  then  fill  such  vacancies. 

Third.  No  person  shall  be  a  senator  who  shall  not  have  attained 
"to  the  age  of  thirty  years,  and  been  nine  years  a  citizen  of  the 
United  States,  and  who  shall  not,  when  elected,  be  an  inhabitant 
of  that  state  for  which  he  shall  be  chosen. 

Fourth.  The  vice-president  of  the  United  States  shall  be  presi- 
dent of  the  senate;  but  shall  have  no  vote,  unless  they  be  equally 
divided. 


FEDERAL    CONSTITUTION  2G9 

Fifth.  The  senate  shall  choose  their  other  officers,  and  also  a 
president  pro  tempore  in  the  absence  of  the  vice-president,  or  when 
he  shall  exercise  the  office  of  president  of  the  United  States. 

Sixth.  The  senate  shall  have  the  sole  power  to  try  all  impeach- 
ments. When  sitting  for  that  purpose,  they  shall  be  on  oath  or 
affirmation.  When  the  president  of  the  United  States  is  tried,  the 
chief  justice  shall  preside;  and  no  person  shall  be  convicted  without 
the  concurrence  of  two  thirds  of  the  members  present. 

Seventh.  Judgment,  in  cases  of  impeachment,  shall  not  extend 
further  than  to  removal  from  office,  and  disqualification  to  hold 
and  enjoy  any  office  of  honor,  trust  or  profit  under  the  United 
States;  but  the  party  convicted  shall,  nevertheless,  be  liable  and 
subject  to  indictment,  trial,  judgment  and  punishment,  according 
to  law. 

4.  First.  The  times,  places  and  manner  of  holding  elections 
for  senators  and  representatives  shall  be  prescribed  in  each  state  by 
the  legislature  thereof;  but  the  congress  may,  at  any  time,  by  law, 
make  or  alter  sur*^  regulations,  except  as  to  the  places  of  choosing 
senators. 

Second.  The  congress  shall  assemble  at  least  once  in  every  year, 
and  such  meeting  shall  be  on  the  first  Monday  in  December,  unless 
they  shall,  by  law,  appoint  a  different  day. 

5.  First.  Each  house  shall  be  the  judge  of  the  elections,  returns 
and  qualifications  of  its  own  members;  and  a  majority  of  each  shall 
constitute  a  quorum  to  do  business;  but  a  smaller  number  may 
adjourn  from  day  to  day,  and  may  be  authorized  to  compel  the 
attendance  of  absent  members,  in  such  manner  and  under  such 
penalties  as  each  house  may  provide. 

Second.  Each  house  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and,  with  the  con- 
currence of  two-thirds,  expel  a  member. 

Third.  Each  house  shall  keep  a  journal  of  its  proceedings,  and 
from  time  to  time  publish  the  same,  excepting  such  parts  as  may, 
in  their  judgment,  require  secrecy;  and  the  yeas  and  nays  of  the 
members  of  either  house,  on  any  question,  shall,  at  the  desire  of 
one-fifth  of  those  present,  be  entered  on  the  journal. 

Fourth.  Neither  house,  during  the  session  of  congress,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than  three  days, 


270  APPENDIX    "A" 

nor  to  any  other  place  than  that  in  which  the  two  houses  shall  be 
sitting. 

6.  First.  The  senators  and  representatives  shall  receive  a  coni- 
prnsation  for  their  services,  to  be  ascertained  by  law,  and  paid  out 
of  the  treasury  of  the  United  States.  They  shall,  in  all  cases,  except 
treason,  felony  and  breach  of  the  peace,  be  privileged  from  arrest 
during  their  attendance  at  the  session  of  their  respective  houses, 
and  in  going  to  or  returning  from  the  same;  and  for  any  speech  or. 
debate  in  either  house,  they  shall  not  be  questioned  in  any  other 
place. 

Second.  No  senator  or  representative  shall,  during  the  time  for 
which  he  was  elected,  be  appointed  to  any  civil  office  under  the 
authority  of  the  United  States  which  shall  have  been  created,  or 
the  emoluments  whereof  shall  have  been  increased,  during  such 
time;  and  no  person  holding  any  ofifice  under  the  United  States 
shall  be  a  member  of  either  house  during  his  continuance  in  office. 

7.  First.  All  bills  for  raising  a  revenue  shall  originate  in  the 
house  of  representatives;  but  the  senate  may  propose  or  concur  with 
amendments,  as  on  other  bills. 

Second.  Every  bill,  which  shall  have  passed  the  house  of  repre- 
sentatives and  the  senate,  shall,  before  it  becomes  a  law.  be  pre- 
sented to  the  president  of  the  United  States;  if  he  approves,  he  shall 
sign  it;  but  if  not,  he  shall  return  it,  with  his  objections,  to  that 
house  in  which  it  shall  have  originated,  who  shall  enter  the  objec- 
tions at  large  on  their  journal,  and  proceed  to  reconsider  it.  If. 
after  such  reconsideration,  two-thirds  of  that  house  shall  agree  to 
pass  the  bill,  it  shall  be  sent,  together  with  the  objections,  to  the 
other  house,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  two-thirds  of  that  house,  it  shall  become  a  law.  But 
in  all  such  cases  the  votes  of  both  houses  shall  be  determined  by 
yeas  and  nays;  and  the  names  of  the  persons  voting  for  and  against 
the  bill,  shall  be  entered  on  the  journal  of  each  house  respec- 
tively. If  any  bill  shall  not  be  returned  by  the  president  within  ten 
days  (Sundays  excepted)  after  it  shall  have  been  presented  to  him. 
the  same  shall  be  a  law.  in  like  manner  as  if  he  had  signed  it,  unless 
the  congress,  by  their  adjournment,  prevent  its  return:  in  which 
case,  it  shall  not  be  a  law. 

Third.  Every  order,  resolution  or  vote,  to  which  the  concurrence 
of  the  senate  and  house  of  representatives  may  be  necessary  (ex- 


FEDERAL    CONSTITUTION  -^^l 

cept  on  a  question  of  adjournment),  shall  be  presented  to  the 
president  of  the  United  States;  and  before  the  same  shall  take 
effect,  shall  be  approved  by  him,  or  being  disapproved  by  him, 
shall  be  repassed  by  two- thirds  of  the  senate  and  house  of  repre- 
sentatives, according  lo  the  rules  and  limitations  prescribed  in  the 
case  of  a  bill. 

.  .8.  The  congress  shall  have  power — 

^First.  To  lay  and  collect  taxes,  duties,  imposts  and  excises,  to 
pay  the  debts,  and  provide  for  the  common  defense  and  general 
welfare  of  the  United  States:  but  all  duties,  imposts  and  excises 
shall  be  uniform  throughout  the  United  States: 

Second.  To  borrow  money  on  the  credit  of  the  United  States: 

Third.  To  regulate  commerce  with  foreign  nations,  and  among 
the  several  states,  and  with  the  Indian  tribes: 

Fourth.  To  establish  an  uniform  rule  of  naturalization,  and  uni- 
form laws  on  the  subject  of  bankruptcies  throughout  the  United 
States: 

Fifth.  To  coin  money,  regulate  the  value  thereof,  and  of  foreign 
coin,  and  to  fix  the  standard  of  weights  and  measures: 

Sixth.  To  provide  for  the  punishment  of  counterfeiting  the 
securities  and  current  coin  of  the  United  States: 

Seventh.  To  establish  post  offices  and  post  roads: 

Eighth.  To  promote  the  progress  of  science  and  useful  arts,  by 
securing,  for  limited  times,  to  authors  and  inventors,  the  exclusive 
right  to  their  respective  writings  and  discoveries: 

A'inth.  To  constitute  tribunals  inferior  to  the  supreme  court:  To 
define  and  punish  piracies  and  felonies  committed  on  the  high  seas, 
and  offenses  against  the  law  of  nations: 

Tenth.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and 
make  rules  concerning  captures  on  land  and  water: 

Eleventh.  To  raise  and  support  armies;  but  no  appropriation  of 
money  to  that  use  shall  be  for  a  longer  term  than  two  years: 

Twelfth.  To  provide  and  maintain  a  navy: 

Thirteenth.  To  make  rules  for  the  government  and  regulation  of 
the  land  and  naval  forces: 

Fourtcevth.  To  provide  for  calling  forth  the  militia  to  execute  the 
I:iws  of  the  Union,  suppress  insurrections,  and  repel  invasions: 

Fifteenth.  To  provide  for  organizing,  arming  and  disciplining  the 
militia,  and  for  governing  such  part  of  them  as  may  be  employed 


272  APPENDIX    "A" 

in  the  service  of  the  United  States,  reserving  to  the  states  respec- 
tively the  appointment  of  the  officers,  and  the  authority  of  training 
the  miHtia  according  to  the  discipline  prescribed  by  congress: 

Sixteenth.  To  exercise  exclusive  legislation  in  all  cases  whatso- 
ever over  such  district  (not  exceeding  ten  miles  square)  as  may,  by 
cession  of  particular  states,  and  the  acceptance  of  congress,  become 
the  seat  of  government  of  the  United  States,  and  to  exercise  like 
authority  over  all  places  purchased,  by  the  consent  of  the  legislature 
of  the  state  in  which  the  same  shall  be,  for  the  erection  of  forts, 
magazines,  arsenals,  dock  yards,  and  other  needful  buildings:  and 

Seventeenth.  To  make  all  laws  which  shall  be  necessary  and 
proper  for  carrying  into  execution  the  foregoing  powers,  and  all 
other  powers  vested  by  this  constitution  in  the  governire'it  of  the 
United  States,  or  in  any  department  or  officer  thereof. 

9.  First.  The  migration  or  importation  of  such  persons  as  any  of 
the  states  now  existing  shall  think  proper  to  admit,  shall  not  be 
prohibited  by  the  congress  prior  to  the  year  one  thousand  eight 
hundred  and  eight,  but  a  tax  or  duty  may  be  imposed  on  such 
importation,  not  exceeding  ten  dollars  for  each  person. 

Second.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  when,  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 

Third.  No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

Fourth.  No  capitation  or  other  direct  tax  shall  be  laid,  unless  in 
proportion  to  the  census  or  enumeration  hereinbefore  directed  to 
be  taken. 

Fifth.  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any 
state.  No  preference  shall  be  given,  by  any  regulation  of  commerce 
or  revenue,  to  the  ports  of  one  state  over  those  of  another:  nor 
shall  vessels  bound  to  or  from  one  state  be  obliged  to  enter,  clear 
or  pay  duties  in  another. 

Sixth.  No  money  shall  be  drawn  from  the  treasury,  but  in  conse- 
quence of  appropriations  made  by  law;  and  a  regular  statement  and 
account  of  the  receipts  and  expenditures  of  all  public  money  shall 
be  published  from  time  to  time. 

Seventh.  No  title  of  nobility  shall  be  granted  by  the  United 
States,  and  no  person  holding  any  office  of  profit  or  trust  under 
them   shall,   without  the  consent  of  the  congress,  accept  of  any 


FEDERAL    CONSTITUTION  'ZTS 

present,  emolument,  office  or  title  of  any  kind  whatever,  from  any 
king,  prince,  or  foreign  state. 

10.  First.  No  state  shall  enter  into  any  treaty,  alliance  or  confed- 
eration; grant  letters  of  marque  and  reprisal;  coin  money;  emit  bills 
ot  credit;  make  anything  but  gold  and  silver  coin  a  tender  in  pay- 
ment of  debts;  pass  any  bill  of  attainder,  ex  post  facto  law,  or  law 
impairing  the  obligation  of  contracts;  or  grant  any  title  of  nobility. 

Second.  No  state  shall,  without  the  consent  of  the  congress,  lay 
any  imposts  or  duties  on  imports  or  exports,  except  what  may  be 
absolutely  necessary  for  executing  its  inspection  laws;  and  the  net 
produce  of  all  duties  and  imposts,  laid  by  any  state  on  imports  or 
exports,  shall  be  for  the  use  of  the  treasury  of  the  United  States, 
and  all  such  laws  shall  be  subject  to  the  revision  and  control  of  the 
congress.  No  state  shall,  without  the  consent  of  congress,  lay  any 
duty  of  tonnage,  keep  troops  or  ships  of  war  in  time  of  peace,  enter 
into  any  agreement  or  compact  with  another  state  or  with  a  foreign 
power,  or  engage  in  war,  unless  actually  invaded,  or  in  such  immi- 
nent danger  as  will  not  admit  of  delay. 

ARTICLE  II. 

I.  First.  The  executive  power  shall  be  vested  in  a  president  of 
the  United  States  of  America.  He  shall  hold  his  office  during  the 
term  of  four  years,  and  together  with  the  vice-president,  chosen  for 
the  same  term,  be  elected  as  follows: 

Second.  Each  state  shall  appoint,  in  such  manner  as  the  legisla- 
ture thereof  may  direct,  a  number  of  electors,  equal  to  the  whole 
number  of  senators  and  representatives  to  which  the  state  may  be 
entitled  in  the  congress;  but  no  senator  or  representative,  or  person 
holding  an  office  of  trust  or  profit  under  the  United  States,  shall 
be  appointed  an  elector. 

TTitrd.  The  electors  shall  meet  in  their  resfective  states,  and  vote 
by  ballot  for  two  persons,  of  whom  one  at  least  shall  not  be  an  inhab- 
itant of  the  same  state  zuith  themselves.  Atid  they  shall  make  a  list  of 
all  the  fersons  voted  for,  and  of  the  number  of  votes  for  each;  ichich 
list  they  shall  sign  and  certify,  and  tratismit  sealed  to  the  seat  of  gov- 
ernment of  the  United  States,  directed  to  the  frcsidcKt  of  the  senate. 
The  president  of  the  $enalc  shall,  in  the  presence  of  the  senate  and 


274  APPENDIX    "A" 

house  of  representatives,  open  all  the  certificates,  and  the  votes  shall 
then  be  counted.  The  person  having  the  greatest  number  of  votes  shall 
be  the  president,  if  such  number  be  a  majority  of  the  zuhole  number  of 
electors  appointed;  and  if  there  be  more  than  one  who  have  such  ma- 
jority, and  have  an  equal  number  of  votes,  then  the  house  of  repre- 
sentatives shall  immediately  choose,  by  ballot,  one  of  them  jor  presi- 
dent; and  if  no  person  have  a  majority,  then  from  the  five  highest  on 
the  list  the  said  house  shall,  in  like  manner,  choose  the  president.  But 
in  choosing  the  president,  the  votes  shall  be  taken  by  states,  the  repre- 
sentation from  each  state  having  one  vote:  a  quorum  for  this  pur- 
pose shall  consist  of  a  member  or  members  from  tzvo-thirds  o/  the 
states,  and  a  majority  of  all  the  states  shall  be  necessary  to  a  choice. 
In  every  case  after  the  choice  of  the  president,  the  person  having  the 
greatest  number  of  votes  of  the  electors  shall  be  the  znce-president. 
But  if  there  should  remain  tzvo  or  more  vulio  Jiave  equal  votes,  tfie 
seriate  shall  choose  from  them,  by  ballot,  tJie  vice-president.  [The  fore- 
going provisions  were  changed  by  the  12ih  Amendment. 

Fourth.  The  congress  may  determine  the  time  of  choosing  the 
electors,  and  the  day  on  which  they  shall  give  their  votes;  which 
day  shall  be  the  same  throughout  the  United  States. 

Fifth.  No  person  except  a  natural  born  citizen,  or  a  citizen  of 
the  United  States  at  the  time  of  the  adoption  of  this  constitution, 
shall  be  eligible  to  the  ofifice  of  president;  neither  shall  any  person 
be  eligible  to  that  office  who  shall  not  have  attained  to  the  age  of 
thirty-five  years,  and  been  fourteen  years  a  resident  within  the 
United  States. 

Sixth.  In  case  of  the  removal  of  the  president  from  office,  or  of 
his  death,  resignation,  or  inability  to  discharge  the  powers  and 
duties  of  the  said  ofifice,  the  same  shall  devolve  on  the  vice- 
president,  and  the  congress  may,  by  law,  provide  for  the  case  of 
removal,  death,  resignation,  or  inability,  both  of  the  president  and 
vice-president,  declaring  what  officer  shall  then  act  as  president, 
and  such  ofificer  shall  act  accordingly,  until  the  disability  be  re- 
moved, or  a  president  shall  be  elected. 

Seventh.  The  president  shall,  at  stated  times,  receive  for  his  serv 
ices  a  compensation,  which  shall  neither  be  increased  or  diminished 
during  the  period  for  which  he  shall  have  been  elected,  and  he  shall 
not  receive  within  that  period  any  other  emolument  from  the  United 
States  or  any  of  them. 


FEDERAL    CONSTITUTION  2?o 

Eighth.  Before  he  enters  on  the  execution  of  his  ofifice  he  shall 
take  the  following  oath  or  affirmation: 

I  do  solemnly  swear  (or  aflfirm)  that  I  will  faithfully  execute  the  office  of 
president  of  the  United  States,  and  will,  to  the  best  of  my  ability,  preserve, 
protect  and  defend  the  constitution  of  the  United  States. 

2.  First.  The  president  shall  be  commander-in-chief  of  the  army 
and  navy  of  the  United  States,  and  of  the  militia  of  the  several 
states,  when  called  into  the  actual  service  of  the  United  States.  He 
may  require  the  opinion,  in  writing,  of  the  principal  officer  in  each 
of  the  executive  departments,  upon  any  subject  relating  to  the  duties 
of  their  respective  offices;  and  he  shall  have  power  to  grant  reprieves 
and  pardons,  for  offenses  against  the  United  States,  except  in  cases 
of  impeachment. 

Second.  He  shall  have  power,  by  and  with  the  advice  and  consent 
of  the  senate,  to  make  treaties,  provided  two  thirds  of  the  senators 
present  concur;  and  he  shall  nominate,  and,  by  and  with  the  advice 
and  consent  of  the  senate,  shall  appoint  ambassadors,  other  public 
ministers  and  consuls,  judges  of  the  supreme  court,  and  all  other 
officers  of  the  United  States,  whose  appointments  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by  law.  But 
the  congress  may,  by  law,  vest  the  appointment  of  such  inferior 
officers,  as  they  shall  think  proper,  in  the  president  alone,  in  the 
courts  of  law,  or  in  the  heads  of  departments. 

Third.  The  president  shall  have  power  to  fill  up  all  vacancies  that 
may  happen  during  the  recess  of  the  senate,  by  granting  commis- 
sions, which  shall  expire  at  the  end  of  their  next  session. 

.3.  He  shall,  from  time  to  time,  give  to  the  congress  information 
of  the  state  of  the  Union :  and  recommend  to  their  consideration 
such  measures  as  he  shall  judge  necessary  and  expedient.  He  may, 
on  extraordinary  occasions,  convene  both  houses,  or  either  of  them, 
and  in  case  of  disagreement  between  them,  with  respect  to  the  time 
of  adjournment,  he  may  adjourn  them  to  such  time  as  he  shall  think 
proper.  He  shall  receive  ambassadors  and  other  public  minister^. 
He  shall  take  care  that  the  laws  be  fahhfully  executed;  and  shall 
commission  all  officers  of  the  United  States. 

4.  The  president,  vice-president,  and  all  civil  officers  of  the 
United  States,  shajl  be  removed  from  office,  on  impeachment  for 


276  APPENDIX     A" 

and  c#nvicti«n  •£  treason,  bribery,  •r  •ther  high  crimes  and  misde- 
meanors. 

ARTICLE  III. 

1.  The  judicial  p«wer  mi  the  United  States  shall  be  vested  in  one 
supreme  c«urt,  and  in  such  inferior  courts  as  the  congress  may, 
fr*m  time  t»  time,  ©rdain  and  •fktablish.  The  judges^  both  •( 
the  supreme  and  inferior  courts,  shalTh«ld  their  •ffices  during  g»«d 
behavior;  and  shall,  at  stated  times,  receive  imr  their  services  a 
compensation,  which  shall  n«t  be  diminished  during  their  continu- 
ance in  office.      y^^y^^-Z/'/^^'^^M-i-'^'^^^ 

2.  First.  The  judicial  power  snail  extend  to  all  cases,  in  law  and 
equity,  arising  under  this  constitution,  the  laws  of  the  United  States, 
Snd  treaties  made,  or  which  shall  be  made,  unlftr  their  authority; 
to  all  cases,  affecting  ambassadors,  other  public  ministers  and  con- 
suls; to  all  cases  of  admiralty  and  maritime  jurisdiction;  to  contro- 
versies to  which  the  United  States  shall  be  a  party;  to  controversies 
between  two  or  more  states;  between  a  state' and  citizens  of  another 
state;  between  citizens  of  different  states;  between  citizens  of  the 
same  state,  claiming  lands  under  grants  of  different  states;  and  be- 
tween a  state  or  the  citizens  thereof,  and  foreign  states,  citizens  or 
subjects. 

Second.  In  all  cases,  affecting  ambassadors,  other  public  minis- 
ters, and  consuls,  and  those  in  which  a  state  shall  be  a  party,  the 
supreme  court  shall  have  original  jurisdiction.  In  all  the  other 
cases  before  mentioned,  the  supreme  court  shall  have  appellate 
jurisdiction,  both  as  to  law  and  fact,  with  such  exceptions  and  under 
such  regulations  as  the  congress  shall  make. 

Third.  The  trial  of  all  crimes,  except  in  cases  of  impeachment, 
shall  be  by  jury;  and  such  trials  shall  be  held  in  the  state  where  the 
said  crimes  shall  have  been  committed;  but  when  not  committed 
within  any  state,  the  trial  shall  be  at  such  place  or  places  as  the 
congress  may  by  law  have  directed. 

3.  First.  Treason  against  the  United  States  shall  consist  lOnly  in 
levying  war  against  them,  or  in  adhering  to  their  enemies,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason 
unless  on  the  testimony  of  two  witnesses  to  th?  same  overt  act,  o*" 
on  confession  in  Open  court, 


FEDERAL    CONSTITUTION  2T7 

Second.  The  congress  shall  have  power  to  declare  the  punishment 
of  treason;  but  no  attainder  of  treason  shall  work  corruption  of 
blood,  or  forfeiture  except  during  the  life  of  the  person  attainted. 

ARTICLE  IV. 

1.  Full  faith  and  credit  shall  be  ^iven,  in  each  state,  t^the  public 
acts,  records  and  judicial  prURedings  «f  every  other  state.  And 
the  congress  may,  by  general  laws,  prescribe  the  manner  in  which 
such  acts,  records  and  proceedings  shall  be  proved,  and  the  effect 
thereof. 

2.  First.  The  citizens  of  each  state  shall  be  entitled  to  all  privi- 
leges and  immunities  of  citizens  in  the  several  states. 

Second.  A  pers^  charged  in  any  state  with  treason,  felony,  or 
other  crime,  who  shall  flee  from  justice,  and  be  found  in  another 
state,  shall,  on  demand  of  the  executive  authority  of  the  state  from 
which  he  fled,  be  delivered  up,  to  be  removed  to  the  state  having 
jurisdiction  of  the  crime. 

Third.  No  person  held  to  service  or  labor  in  one  state  under  the 
laws  thereof,  escaping  into  another,  shall,  in  consequence  of  any 
law  or  regulation  therein,  be  discharged  from  such  service  or  labor; 
but  shall  be  delivered  up  on  claim  of  the  party  to  whom  such  serv- 
ice or  labor  may  be  due. 

3.  First.  New  states  may  be  admitted  by  the  congress  of  this 
Union;  but  no  new  state  shall  be  formed  or  erected  within  the  ju- 
risdiction of  any  other  state,  nor  any  state  be  formed  by  the  junc- 
tion of  two  or  more  states,  or  parts  of  states,  without  the  consent 
of  the  legislatures  of  the  .states  concerned,  as  well  as  of  the  con- 
gress. 

Second.  The  congress  shall  have  power  to  dispose  of  and  make 
all  needful  rules  and  regulations  respecting  the  territory  or  other 
property  belonging  to  the  United  States;  and  nothing  in  this  con- 
stitution shall  be  so  construed  as  to  prejudice  any  claims  of  the 
United  States  or  of  any  particular  state. 

4.  The  United  States  shall  guarantee  to  every  state  in  this  Union 
a  republican  form  of  government,  and  shall  protect  each  of  them 
against  invasion;  and  on  application  of  the  legislature,  or  of  the 


278  APPENDIX   "A" 

executive  (when  the  legislature  cannot  be  convened),  against  do- 
mestic violence. 

ARTICLE  V. 

The  congress,  whenever  two-thirds  of  both  houses  shall  deem  it 
necessary,  shall  propose  amendments  to  this  constitution;  or,  on 
the  application  of  the  legislatures  of  two-thirds  of  the  several  states, 
shall  call  a  convention  for  proposing  amendments,  which,  in  either 
case,  shall  be  valid  to  all  intents  and  purposes,  as  part  of  this  con- 
stitution, when  ratified  by  the  legislatures  of  three-fourths  of  the 
several  states,  or  by  conventions  in  three-fourths  thereof,  as  the 
one  or  the  other  mode  of  ratification  may  be  proposed  by  the  con- 
gress: Provided,  that  no  amendment  which  may  be  made  prior  to 
the  year  one  thousand  eight  hundred  and  eight,  shall  in  any  man- 
ner affect  the  first  and  fourth  clauses  in  the  ninth  sertim  of  ilie 
first  article;  and  that  no  state,  without  its  consent,  shall  be  deprived 
of  its  equal  suffrage  in  the  senate. 

ARTICLE  VI. 

I.  First.  All  debts  contracted,  and  engagements  entered  into,  be- 
fore the  adoption  of  this  constitution,  shall  be  as  valid  against  the 
United  States,  under  this  constitution,  as  under  the  confederation. 

Second.  This  constitution  and  the  laws  of  the  United  States  which 
shall  be  made  in  pursuance  thereof,  and  all  treaties  made,  or  which 
shall  be  made  under  authority  of  the  United  States,  shall  be  the 
supreme  law  of  the  land;  and  the  judges  in  every  state  shall  be 
bound  thereby;  anything  in  the  constitution  or  laws  of  any  state 
to  the  contrary  notwithstanding. 

Third.  The  senators  and  representatives  before  mentioned,  and 
the  members  of  the  several  state  legislatures,  and  all  executive  and 
judicial  oflficers,  both  of  the  United  States  and  of  the  several 
states,  shall  be  bound,  by  oath  or  affirmation,  to  support  this  con 
stitution;  but  no  religious  test  shall  ever  be  required  as  a  qualifi.-a- 
tion  to  any  office  or  public  trust  under  the  United  Stat-es. 

^  ARTICLE  VII. 

The  ratification  of  the  conventions  of  nine  states  shall  be  suffi- 


FEDERAL    CONSTITUTION  279 

cient  for  the  establisliment  of  this  constitution  between  the  states 
so  ratifying  the  same. 

Done  in  convention,  by  the  unanimous  consent  of  the  states 
present,  the  seventeenth  day  of  September,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  eighty-seven,  and  of  the  inde- 
pendence of  the  United  States  of  America  the  twelfth. 

AMENDMENTS  TO  THE  CONSTITUTION. 

I.  Congress  shall  make  no  law  respecting  an  establishment  of  re- 
ligion, or  prohibiting  the  free  exercise  thereof;  or  abridging  the 
freedom  of  speech,  or  of  the  press;  or  the  right  of  the  people  peace- 
ably to  assemble,  and  to  petition  the  government  for  a  redress  of 
grievances. 

II.  A  well  regulated  militia  being  necessary  to  the  security  of  a 
free  state,  the  right  of  the  people  to  keep  and  bear  arms  shall  not 
be  infringed. 

III.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner;  nor  in  time  of  war,  but  in  a  man- 
ner to  be  prescribed  by  law. 

IV.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers  and  effects,  against  unreasonable  searches  and  seizures,  shall 
not  be  violated;  and  no  warrants  shall  issue,  but  upon  probable 
cause,  supported  by  oath  or  affirmation,  and  particularly  describing 
the  place  to  be  searched,  and  the  persons  or  things  to  be  seized. 

V.  No  person  shall  be  held  to  answer  for  a  capital,  or  other- 
wise infamous  crime,  unless  on  a  presentment  or  indictment  of  a 
grand  jury,  except  in  cases  arising  in  the  land  or  naval  forces,  or  in 
the  militia,  when  in  actual  service,  in  time  of  war  or  public  danger; 
nor  shall  any  person  be  subject  for  the  same  oflfense  to  be  twice 
put  in  jeopardy  of  life  or  limb;  nor  shall  be  compelled,  in  any  crim- 
inal case,  to  be  a  witness  against  himself,  nor  be  deprived  of  life, 
liberty  or  property,  without  due  process  of  law;  nor  shall  private 
property  be  taken  for  public  use  without  just  compensation. 

VI.  In  all  criminal  prosecutions,  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the  state 
and  district  wherein  the  crime  .shall  have  been  committed,  which 
district  shall  have  been  previously  ascertained  by  law,  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation;  to  be  con- 


280  APPENDIX    "A" 

fronted  with  the  witnesses  against  him;  to  have  compulsory  process 
for  obtaining  witnesses  in  his  favor,  and  to  have  the  assistance  of 
counsel  for  his  defense. 

VII.  In  suits*  at  common  law,  where  the  value  in  controversy 
shall  exceed  $20,  the  right  of  trial  by  jury  shall  be  preserved;  and 
no  fact  tried  by  a  jury  shall  be  otherwise  re-examined  in  any  court 
of  the  United  States,  than  according  to  the  rules  of  the  common 
law. 

VIII.  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

IX.  The  enumeration,  in  the  constitution,  of  certain  rights,  shall 
not  be  construed  to  deny  or  disparage  others  retained  by  the 
people. 

X.  The  powers  not  delegated  to  the  United  States  by  the  consti- 
tution, nor  prohibited  by  it  to  the  states,  are  reserved  to  the  states 
respectively,  or  to  the  people. 

XI.  The  judicial  power  of  the  United  States  shall  not  be  con- 
strued to  extend  to  any  suit  in  law  or  equity,  commenced  or  prose- 
cuted against  one  of  the  United  States  by  citizens  of  another  state, 
o*-  by  citizens  or  subjects  of  any  foreign  state. 

XII.  I.  The  electors  shall  meet  in  their  respective  states  and 
vote  by  ballot  for  president  and  vice-president,  one  of  whom  at 
least  shall  not  be  an  inhabitant  of  the  same  state  with  themselves; 
they  shall  name  in  their  ballots  the  person  voted  for  as  president, 
and  in  distinct  ballots  the  person  voted  for  as  vice-president;  and 
they  shall  make  distinct  lists  of  all  persons  voted  for  as  president, 
and  of  all  persons  voted  for  as  vice-president,  and  of  the  number 
of  votes  for  each,  which  list  they  shall  sign  and  certify,  and  trans- 
mit sealed  to  the  seat  of  the  government  of  the  United  States,  di- 
rected to*^e  president  of  the  senate;  the  president  of  the  senate 
shall,  in  the  presence  of  the  senate  and  house  of  representatives, 
open  all  the  certificates,  and  the  votes  shall  then  be  counted;  the 
person  having  the  greatest  number  of  votes  for  president  shall  be 
the  president,  if  such  number  be  a  majority  of  the  whole  number 
of  electors  appointed;  and  if  no  person  have  such  majority,  then 
from  the  persons  having  the  highest  numbers,  not  exceeding  three, 
on  the  list  of  those  voted  for  as  president,  the  house  of  represent- 
atives shall  cho<lJ*a<UTiniedi^tely,  by  ballot,  the  president.  But  in 
choosing  the  president,  the  Votes  shall  be  taken  by  states,  the  rep- 


FEDERAL    C^NSTITUTI6|N  381 

resentation  from  each  state  having  one  vote:  a  quorum  for  this  pur- 
pose shall  consist  of  a  member  or  members  from  two-thirds  of  the 
states,  and  a  majority  of  all  the  states  shall  be  necessary  to  a 
choice.  And  if  the  house  of  representatives  shall  not  choose  a 
president  whenever  the  right  of  choice  shall  devolve  upon  them, 
before  the  fourth  day  of  March  next  following,  then  the  vice-presi- 

/■^  dent  shall  act  as  president,  as  in  the  case  of  the  death  or  other  con- 

U  stitutional  disability  of  the  president, 
s  2.  The  person  having  the  greatest  number  of  votes  as  vice-presi- 
^dent,  shall  be  the  vice-president,  if  such  number  be  a  majority  of 
the  whole  number  of  electors  appointed;  and  if  no  person  have  a 
majority,  then  from  the  two  highest  numbers  on  the  list  the  sen- 
ate shall  choose  a  vice-president.  A  quorum  for  the  purpose  shall 
consist  of  two-thirds  of  the  whole  number  of  senators,  and  a  ma- 
jority of  the  whole  number  shall  be  necessary  to  a  choice. 

3.  But  no  person  constitutionally  ineligible  to  the  office  of  presi- 
dent shall  be  eligible  to  that  of  vice-president  of  the  United  States. 

XIII.  I.  Neither  slavery  nor  involuntary  servitude,  except  as  a 
punishment  for  crime,  whereof  the  party  shall  have  been  duly  con- 
victed, shall  exist  within  the  United  States,  or  any  place  subject  to 
their  jurisdiction. 

2.  Congress  shall  have  power  to  enforce  this  article  by  appropri- 
ate legislation. 

.XIV.  I.  All  persons  born  or  naturalized  in  the  United  States,  and 
subject  to  the  jurisdiction  thereof,  are  citizens  of  the  United  States 
and  of  the  state  wherein  they  reside.  No  state  shall  make  or  enforce 
any  law  which  shall  abridge  the  privileges  or  immunities  of  citizens 
of  the  United  States,  nor  shall  any  state  deprive  any  person  of  life, 
liberty  or  property,  without  due  process  of  law,  nor  deny  to  any  per- 
son within  its  jurisdiction  the  equal  protection  of  the  laws. 

2.  Representatives  shall  be  apportioned  among  the  several  states, 
according  to  their  respective  numbers,  counting  the  whole  number 
of  persons  in  each  state,  excluding  Indians  not  taxed.  But  when 
the  right  to  vote  at  any  election  for  the  choice  of  electors  for  presi- 
dent and  vice-president  of  the  United  States,  representatives  in  con- 
gress, the  executive  and  judicial  ofificers  of  a  state,  or  the  members 
of  the  legislature  thereof,  is  denied  to  any  of  the  male  inhabitants  of 
such  state  being  21  years  of  age  and  citizens  of  the  United  States, 
or  in  any  way  abridged,  except  for  participation  in  rebellion  or  other 


282  APPENDIX   "A" 

crime,  the  basis  of  representation  therein  shall  be  reduced  in  the 
proportion  which  the  number  of  such  male  citizens  shall  bear  to 
the  whole  number  of  male  citizens  21  years  of  age  in  such  state. 

3.  No  person  shall  be  a  senator  or  representative  in  congress, 
or  elector  of  president  and  vice-president,  or  hold  any  office,  civil  or 
military,  under  the  United  States,  or  under  any  state,  who,  having 
previously  taken  an  oath  as  a  member  of  congress,  or  as  an  officer 
of  the  United  States,  or  as  a  member  of  any  state  legislature,  or  as 
an  executive  or  judicial  officer  of  any  state,  to  support  the  constitu- 
tion of  the  United  States,  shall  have  engaged  in  insurrection  or  re- 
bellion against  the  same,  or  given  aid  or  comfort  to  the  enemies 
thereof.  But  congress  may,  by  a  vote  of  two-thirds  of  each  house, 
remove  such  disability. 

4.  The  validity  of  the  public  debt  of  the  United  States,  authorized 
by  law,  including  debts  incurred  for  payment  of  pensions  and 
bounties  for  services  in  suppressing  insurrection  or  rebellion,  shall 
not  be  questioned.  But  neither  the  United  States  nor  any  state  shall 
assume  or  pay  any  debt  or  obligation  incurred  in  aid  of  insurrection 
or  rebellion  against  the  United  States,  or  any  claim  for  the  loss  or 
emancipation  of  any  slave;  but  all  such  debts,  obligations  and 
claims  shall  be  held  illegal  and  void. 

5.  The  congress  shall  have  power  to  enforce,  by  appropriate  leg- 
islation, the  provisions  of  this  article. 

XV.  I.  The  right  of  citizens  of  the  United  States  to  vote  shall 
not  be  denied  or  abridged  by  the  United  States  or  any  state  on  ac- 
count of  race,  color  or  previous  condition  of  rervitude. 

2.  The  congress  shall  have  power  to  enforce  this  article  by  appro- 
priate legislation. 


APPENDIX  "B." 
ACT  OF  CONGRESS,  APRIL  i8,  1818. 

Enabling  the  people  of  Illinois  to  form  a  State  Constitution. 

/.  Be  it  enacted  by  the  Senate  and  House  0/  Representath'es  of  the 
United  States  of  America,  in  Congress  assembled.  That  the  inhabitants 
of  the  territory  of  Illinois  be  and  they  are  hereby  authorized  to 
form  for  themselves  a  constitution  and  state  government,  and  to  as- 
sume such  name  as  they  shall  deem  proper;  and  the  said  state, 
when  formed,  shall  be  admitted  into  the  Union  upon  the  same  foot- 
ing with  the  original  states,  in  all  respects  whatever. 

2.  And  be  it  further  enacted,  That  the  said  state  shall  consist  of  all 
the  territory  included  within  the  following  boundaries,  to-wit:  Be- 
ginning at  the  mouth  of  the  Wabash  river;  thence  up  the  same,  and 
with  the  line  of  Indiana,  to  the  northwert  corner  of  said  state; 
thence  east  with  the  line  of  the  same  state  to  the  middle  of  Lake 
Michigan;  thence  north  along  the  middle  of  said  lake,  to  north  lati- 
tude 42  degrees  30  minutes;  thence  west  to  the  middle  of  the  Missis- 
sippi river;  and  thence  down  along  the  middle  of  that  river  to  its 
confluence  with  the  Ohio  river;  and  thence  up  the  latter  river  along 
its  northwestern  shore,  to  the  beginning:  Provided,  that  the  con- 
vention hereinafter  provided  for,  when  formed,  shall  ratify  the  bound- 
aries aforesaid;  otherwise  they  shall  be  and  rem.ain  as  now  pre- 
scribed by  the  ordinance  for  the  government  of  the  territory  north- 
west of  the  river  Ohio:  Provided,  also,  that  the  said  state  shall  have 
concurrent  jurisdiction  with  the  state  of  Indiana  on  the  Wabash 
river,  so  far  as  said  river  shall  form  a  '•ommon  boundary  to  both, 
and  also  concurrent  jurisdiction  on  the  Mississippi  river,  with  any 
state  or  states  to  be  formed  west  thereof,  so  far  as  said  river  shall 
form  a  common  boundary  to  both. 
»3.  And  be  it  further  enacted.  That  all  white  male  citizens  of  the 

(283) 


284  APPENDIX   "B" 

United  States,  who  shall  have  arrived  at  the  age  of  twenty-one  years, 
and  have  resided  in  said  territory  six  months  previous  to  the  day 
of  election,  and  all  persons  having  in  other  respects  the  legal  quali- 
fications to  vote  for  representatives  in  the  general  assembly  of  the 
said  territory,  be  and  they  are  hereby  authorized  to  choose  repre- 
sentatives to  form  a  convention,  who  shall  be  apportioned  among 
the  several  counties  as  follows: 

From  the  county  of  Bond,  two  representatives; 

From  the  county  of  Madison,  three  representatives; 

From  the  county  of  St.  Clair,  three  representatives; 

From  the  county  of  Monroe,  two  representatives; 

From  the  county  of  Randolph,  two  representatives; 

From  the  county  of  Jackson,  two  representatives; 

From  the  county  of  Johnson,  two  representatives; 

From  the  county  of  Pope,  two  representatives; 

From  the  county  of  Gallatin,  three  representatives; 

From  the  county  of  White,  two  representatives; 

From  the  county  of  Edwards,  two  representatives; 

From  the  county  of  Crawford,  two  representatives; 

From  the  county  of  Union,  two  representatives; 

From  the  county  of  Washington,  two  representatives; 

And  from  the  county  of  Franklin,  two  representatives. 

And  the  election  for  the  representatives  aforesaid  shall  be  holdcn 
on  the  first  Monday  of  July  next,  and  the  two  following  days, 
throughout  the  several  counties  in  the  said  territory,  and  shall  be 
conducted  in  the  same  mapner,  and  under  the  same  regulations,  as 
prescribed  by  the  laws  of  the  said  territory  regulating  elections 
therein  for  members  of  the  house  of  representatives. 

4.  And  be  it  further  enacted,  That  the  members  of  the  convention, 
thus  duly  elected,  be  and  they  are  hereby  authorized  to  meet  at  the 
seat  of  government  of  the  said  territory,  on  the  first  Monday  of 
the  month  of  August  next,  which  convention,  when  met,  shall  first 
determine,  by  a  majority  of  the  whole  number  elected,  whether  it 
be,  or  be  not,  expedient  at  that  time  to  form  a  constitution  and 
state  government  for  the  people  within  the  said  territory,  and,  if  it 
be  expedient,  the  convention  shall  be  and  hereby  is  authorized  to 
form  a  constitution  and  state  government;  or,  if  it  be  deemed  more 
expedient,  the  said  convention  shall  provide  by  ordinance  for  elect- 


ENABLING   ACT  285 

ing  representatives  to  form  a  constitution  or  frame  of  government; 
which  said  representatives  shall  be  chosen  in  such  manner,  and  in 
such  proportion,  and  shall  meet  at  such  time  and  place  as  shall  be 
prescribed  by  the  said  ordinance,  and  shall  then  form  for  the  peo- 
ple of  said  territory  a  constitution  and  state  government:  Provided, 
that  the  same,  whenever  formed,  shall  be  republican,  and  not  re- 
pugnant to  the  ordinance  of  the  13th  of  July,  1787,  between  the 
original  states  and  the  people  and  states  of  the  territory  north- 
west of  the  river  Qhio;  excepting  so  much  of  said  articles  as  relate 
to  the  boundaries  of  the  states  therein  to  be  formed:  And  provided, 
also,  that  it  shall  appear,  from  the  enumeration  directed  to  be  made 
by  the  legislature  of  the  said  territory,  that  there  are,  within  the 
proposed  state,  not  less  than  40,000  inhabitants. 

5.  And  be  it  further  enacted.  That  until  the  next  general  census 
shall  be  taken,  the  said  state  shall  be  entitled  to  one  representative 
in  the  house  of  representatives  of  the  United  States. 

6.  And  be  it  further  enacted.  That  the  following  propositions  be 
and  the  same  are  hereby  offered  to  the  convention  of  the  said  ter- 
ritory of  Illinois,  when  formed,  for  their  free  acceptance  or  rejec- 
tion, which,  if  accepted  by  the  convention,  shall  be  obligatory  upon 
the  TJnited  States  and  the  said  state. 

First.  The  section  numbered  16  in  every  township,  and,  when 
such  section  has  been  sold  or  otherwise  disposed  of,  other  lands 
equivalent  thereto,  and  as  contiguous  as  may  be,  shall  be  granted 
to  the  state,  for  the  use  of  the  inhabitants  of  such  township,  for  the 
use  of  schools. 

Second.  That  all  salt  springs  within  such  state,  and  the  land  re- 
served for  the  use  of  the  same,  shall  be  granted  to  the  said  state, 
for  the  use  of  the  said  state,  and  the  same  to  be  used  under  such 
terms,  and  conditions,  and  regulations,  as  the  legislature  of  the  said 
state  shall  direct:  Provided,  the  legislature  shall  never  sell  nor  lease 
the  same  for  a  longer  period  than  10  years  at  any  one  time. 

Third.  That  five  per  cent  of  the  net  proceeds  of  the  lands  lying 
within  such  state,  and  which  shall  be  sold  by  congress,  from  and 
after  the  first  day  of  January,  1819,  after  deducting  all  expen.ses  in- 
cident to  the  same,  shall  be  reserved  for  the  purposes  following, 
viz.:  two-fifths  to  be  disbursed,  under  the  direction  of  congress,  in 
making  roads  leading  to  the  state;  the  residue  to  be  appropriated, 


286  APPENDIX   "B" 

by  the  legislature  of  the  state,  for  the  encouragement  of  learning, 
of  which  one-sixth  part  shall  be  exclusively  bestowed  on  a  college 
or  university. 

Fourth.  That  36  sections,  or  one  entire  township,  which  shall  be 
designated  by  the  president  of  the  United  States,  together  with 
the  one  heretofore  reserved  for  that  purpose,  shall  be  reserved  for 
the  use  of  a  seminary  of  learning,  and  vested  in  the  legislature  of 
the  said  state,  to  be  appropriated  solely  to  the  use  of  such  seminary 
by  the  said  legislature:  Provided,  always,  that  the  four  foregoing 
propositions,  herein  offered,  are  on  the  conditions  that  the  conven- 
tion of  the  said  state  shall  provide,  by  an  ordinance,  irrevocable 
without  the  consent  of  the  United  States,  that  every  and  each  tract_ 
of  land  sold  by  the  United  States,  from  and  after  the  first  day  of 
January.  1819,  shall  remain  exempt  from  ?iy  tax  laid  by  order,  or 
under  any  authority  of.  the  state,  whether  for  state,  county,  or 
township,  or  any  other  purpose  whatever,  for  the  term  of  five  years, 
from  and  after  the  day  of  sale:  And  further,  that  the  bounty  lands 
granted,  or  hereinafter  to  be  granted,  for  military  services  during 
the  late  war,  shall,  while  they  continue  to  be  held  by  the  patentees, 
or  their  heirs,  remain  exempt,  as  aforesaid,  from  all  taxes,  for  the 
term  of  three  years,  from  and  after  the  da*e  of  the  patents  respec- 
tively; and  that  all  the  lands  belonging  to  the  citizens  of  the  United 
States,  residing  without  the  said  state,  shall  never  be  taxed  higher 
than  lands  belonging  to  persons  residing  therein. 

7.  And  be  it  further  enacted.  That  all  that  part  of  the  territory  of 
the  United  States  lying  north  of  the  state  of  Indiana,  and  which  was 
included  in  the  former  Indiana  territory,  together  with  that  part  of 
the  Illinois  territory  which  is  situated  north  of  and  not  included 
within  the  boundaries  prescribed  by  this  act,  to  the  state  thereby 
authorized  to  be  formed,  shall  be,  and  hereby  is,  attached  to  and 
made  a  part  of  the  Michigan  territory,  from  and  after  the  formation 
of  the  said  state,  subject,  nevertheless,  to  be  hereafter  disposed  of 
by  congress,  according  to  the  right  reserved  in  the  fifth  article  of 
the  ordinance  aforesaid,  and  the  inhabitants  therein  shall  be  en- 
titled to  the  same  privileges  and  immunities,  and  subject  to  the 
same  rules  and  regulations,  in  all  respects,  with  the  other  citizens 
of  the  Michigan  territory. 


APPENDIX  "C." 

ORDINANCE  OF  AUGUST  26,   1818. 

Adopted  at  Kaskaskia  August  26,  1818,  by  the  Convention  which 
framed  the  first  constitution  of  Illinois. 

Whereas,  the  congress  of  the  United  States,  in  the  act  entitled 
"An  act  to  enable  the  people  of  the  Illinois  territory  to  form  a 
constitution  and  state  government,  and  for  the  admission  of  such 
state  into  the  Union  on  an  equal  footing  with  the  original  states," 
passed  the  i8th  of  April,  1818,  have  offered  to  this  convention  for 
their  free  acceptance  or  rejection  the  following  propositions  which, 
if  accepted  by  the  convention,  are  to  be  obligatory  upon  the  United 
States,  viz. : 

1.  That  section  numbered  16  in  every  township,  and  when  such 
section  has  been  sold,  or  otherwise  disposed  of,  other  lands  equiva- 
lent thereto,  and  as  contiguous  as  may  be,  shall  be  granted  to 
the  state  for  the  use  of  the  inhabitants  of  such  township  for  the  use 
of  schools. 

2.  That  all  salt  springs  within  such  state,  and  the  lands  reserved 
for  the  use  of  the  same,  shall  be  granted  to  the  said  state  for  the 
use  of  the  said  state,  and  the  same  to  be  used  under  such  terms  and 
conditions  and  regulations  as  the  legislature  of  said  state  shall  di- 
rect: Provided,  the  legislature  shall  never  sell  nor  lease  the  same 
for  a  longer  period  than  ten  years  at  any  one  time. 

3.  That  five  per  cent  of  the  net  proceeds  of  the  lands  lying  within 
such  state,  and  which  shall  be  sold  by  congress  from  and  after  the 
first  day  of  January,  1819,  after  deducting  all  expenses  incident  to 
the  same,  shall  be  reserved  for  the  purposes  following,  viz.:  Two- 
fifths  to  be  disbursed  under  the  direction  of  congress,  in  making 
roads  leading  to  the  state;  the  residue  to  be  appropriated  by  the 
legislature  of  the  state  for  the  encouragement  of  learning,  of  which 
one-sixth  part  shall  be  exclusively  bestowed  on  a  college  or  uni- 
versity. 

<2W) 


288  APPENDIX    "C" 

4.  That  36  sections,  or  one  entire  township,  which  shall  be  des- 
ignated by  the  president  of  the  United  States,  together  with  the 
one  heretofore  reserved  for  that  purpose,  shall  be  reserved  for  the 
use  of  a  seminary  of  learning,  and  vested  in  the  legislature  of  the 
said  state,  to  be  appropriated  solely  to  the  use  of  such  seminary  by 
the  said  legislature. 

And  whereas,  the  four  foregoing  propositions  are  oflfered  on  the 
condition  that  this  convention  shall  provide  by  ordinance,  irrevoca- 
ble without  the  consent  of  the  United  States,  that  every  and  each 
tract  of  land  sold  by  the  United  States,  from  and  after  the  first  day 
of  January,  i8ig,  shall  remain  exempt  from  any  tax  laid  by  order 
or  under  the  authority  of  the  state,  whether  for  state,  county  or 
township,  or  any  other  purpose  whatever,  for  the  term  of  five  years 
from  and  after  the  day  of  sale.  And  further,  that  the  bounty  lands 
granted,  or  hereafter  to  be  granted  for  military  services  during  the 
late  war,  shall,  while  they  continue  to  be  held  by  the  patentees  or 
their  heirs,  remain  exempt  as  aforesaid  from  all  taxes  for  the  term 
of  three  years  from  and  after  the  date  ~>i  the  patents  respectively; 
and  that  all  the  lands  belonging  to  the  citizens  of  the  United  States, 
residing  without  the  said  state,  shall  never  be  taxed  higher  th?n 
lands  belonging  to  persons  residing  therein. 

Therefore,  this  convention,  on  behalf  of,  and  by  the  authority  of 
the  people  of  the  state,  do  accept  of  the  foregoing  propositions: 
and  do  further  ordain  and  declare,  that  every  and  eac'i  tract  of 
land  sold  by  the  United  States,  from  and  after  the  first  day  of  Janu- 
ary, 1819,  shall  remain  exempt  from  any  tax  laid  by  order,  or  under 
any  authority  of  the  state,  whether  for  state,  county,  or  town- 
ship, or  any  purpose  whatever,  for  the  term  of  five  years  from  and 
after  the  day  of  sale.  And  that  the  bounty  lands  granted,  or  here- 
after to  be  granted,  for  military  services  during  the  late  war,  shall, 
while  they  continue  to  be  held  by  the  patentees  or  their  heirs,  re- 
main exempt,  as  aforesaid,  from  all  taxes  for  the  term  of  three 
years  from  and  after  the  date  of  the  patents  respectively;  and  that 
all  the  lands  belonging  to  the  citizens  of  the  United  States,  residing  ' 
without  the  said  state,  shall  never  be  taxed  higher  than  lands  be- 
longing to  persons  residing  therein.  And  this  convention  do  fur- 
ther ordain  and  declare,  that  the  foregoing  ordinance  shall  not  be 
revoked  without  the  consent  of  the  United  States, 


APPENDIX  "D." 

CONSTITUTION  OF  1870. 

Adopted  in  convention  May  13,  1870;  ratified  by  the  people  July  2, 
1870;  in  force  August  8,  1870. 

Preamble.  We,  the  people  of  the  state  of  Illinois— grateful  to 
Almighty  God  for  the  civil,  political  and  religious  liberty  which  He 
hath  so  long  permitted  us  to  enjoy,  and  looking  to  Him  for  a  bless- 
ing upon  our  endeavors  to  secure  and  transmit  the  same  unim- 
paired to  succeeding  generations — m  order  to  form  a  more  perfect 
government,  establish  justice,  insure  domestic  tranquillity,  pro- 
vide for  the  common  defense,  promote  the  general  welfare,  and  se- 
cure the  blessings  of  liberty  to  ourselves  and  our  posterity,  do  or- 
dain and  establish  this  constitution  for  the  state  of  Illinois. 

ARTICLE  I. 
BOUNDARIES. 

The  boundaries  and  jurisdiction  of  the  state  shall  be  as  follows, 
to-wit:  Beginning  at  the  mouth  of  the  Wabash  river;  thence  up 
the  same,  and  with  the  line  of  Indiana,  to  the  northwest  corner  of 
said  state;  thence  east,  with  the  line  of  the  same  state,  to  the  middle 
of  Lake  Michigan;  thence  north,  along  the  middle  of  said  lake,  to 
north  latitude  42  degrees  and  30  minutes;  thence  west  to  the  middle 
of  the  Mississippi  river,  and  thence  down  along  the  middle  of  that 
river  to  its  confluence  with  the  Ohio  river,  and  thence  up  the  latter 
river,  along  its  northwestern  shore,  to  the  place  of  beginning: 
Provided,  that  this  state  shall  exercise  such  jurisdiction  upon  the 

(289) 


290  APPENDIX   "D" 

Ohio  river  as  she  is  now  entitled  to,  or  such  as  may  hereafter  be 
agreed  upon  by  this  state  and  the  state  of  Kentucky. 

ARTICLE  II. 
BILL  OF  RIGHT^. 

1.  All  men  are  by  nature  free  and  indepVident,  and  have  certain 
inherent  and  inalienable  rights-^among  these  are  life,  liberty  and 
the  pursuit  of  happiness.  To  secure  these  rights  and  the  protec- 
tion of  property,  governments  are  instituted  among  men,  deriving 
their  just  powers  from  the  consent  of  the  governed. 

2.  No  person  shall  be  deprived  of  life,  liberty  or  property,  with- 
out due  process  of  law. 

3.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship,  without  discrimination,  shall  forever  be  guaranteed;  and 
no  person  shall  be  denied  any  civil  or  political  right,  privilege  or 
capacity,  on  account  of  his  religious  opinions;  but  the  liberty  of 
conscience  hereby  secured  shall  not  be  construed  to  dispense  with 
oaths  or  affirmations,  excuse  acts  of  licentiousness,  or  justify  prac- 
tices inconsistent  with  the  peace  or  safety  of  the  state.  No  person 
shall  be  required  to  attend  or  support  any  ministry  or  place  of 
worship  against  his  consent,  nor  shall  any  preference  be  given  by 
law  to  any  religious  denomination  or  mode  of  worship. 

4.  Every  person  may  freely  speak,  write  and  publish*  on  all  sub- 
jects, being  responsible  for  the  abuse  of  that  liberty;  and  in  all 
trials  for  libel,  both  civil  and  criminal,  the  truth,  when  published 
with  good  motives  and  for  justifiable  ends,  shall  be  a  sufficient 
defense. 

5.  The  right  of  trial  by  jury  as  heretofore  enjoyed,  shall  remain 
inviolate;  but  the  trial  of  civil  cases  before  justices  of  the  peace  by 
a  jury  of  less  than  twelve  men  may  be  authorized  by  law. 

6.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers  and  effects,  against  unreasonable  searches  and  seizures,  shall 
not  be  violated;  and  no  warrant  shall  issue  without  probable  cause, 
supported  by  affidavit,  particularly  describing  the  place  to  be 
searched,  and  the  persons  or  things  to  be  seized. 

7.  All  persons  shall  be  bailable  by  sufficient  sureties,  except  for 
capital  offenses,  where  the  proof  is  evident  or  the  presumption 
great;  and  the  privilege  or  writ  of  habeas  corpus  shall  not  be  sus- 


CONSTITUTION    OF    ILLINOIS  291 

pended,  unless  when  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 

8.  No  person  shall  be  held  to  answer  for  a  criminal  offense, 
unless  on  indictment  of  a  grand  jury,  except  in  cases  in  which  the 
punishment  is  by  fine,  or  imprisonment  otherwise  than  in  the 
penitentiary,  in  cases  of  impeachment,  and  in  cases  arising  in  the 
army  and  navy,  or  in  the  militia,  when  in  actual  service  in  time  of 
war  or  public  danger:  Provided,  that  the  grand  jury  may  be  abol- 
ished by  law  in  all  cases. 

g.  In  all  criminal  prosecutions  the  accused  shall  have  the  right 
to  appear  and  defend  in  person  and  by  counsel,  to  demand  the 
nature  and  cause  of  the  accusation  and  to  have  a  copy  thereof,  to 
meet  the  witnesses  face  to  face,  and  to  have  process  to  compel  the 
attendance  of  witnesses  in  his  behalf,  and  a  speedy  public  trial  by 
an  impartial  jury  of  the  county  or  district  in  which  the  offense  is 
alleged  to  have  been  committed. 

10.  No  person  shall  be  compelled  in  any  criminal  case  to  give 
evidence  against  himself,  or  be  twice  put  in  jeopardy  for  the  same 
offense. 

11.  All  penalties  shall  be  proportioned  to  the  nature  of  the 
offense,  and  no  conviction  shall  work  corruption  of  blood  or  for- 
feiture of  estate;  nor  shall  any  person  be  transported  out  of  the 
state  for  any  offense  committed  within  the  same. 

12.  No  person  shall  be  imprisoned  for  debt,  unless  upon  refusal 
to  deliver  up  his  estate  for  the  benefit  of  his  creditors,  in  such 
manner  as  shall  be  prescribed  by  law,  or  in  cases  where  there  is 
strong  presumption  of  fraud. 

13.  Private  property  shall  not  be  taken  or  damaged  for  public 
use  without  just  compensation.  Such  compensation,  when  not 
made  by  the  state,  shall  be  ascertained  by  a  jury,  as  shall  be  pre- 
scribed by  law.  The  fee  of  land  taken  for  railroad  tracks,  without 
consent  of  the  owners  thereof,  shall  remain  in  such  owners  subject 
to  the  use  for  which  it  is  taken. 

14.  No  ex  post  facto  law,  or  law  impairing  the  obligation  of  con- 
tracts, or  making  any  irrevocable  grant  of  special  privileges  or 
immunities,  shall  be  passed. 

15.  The  military  shall  be  in  strict  subordination  to  the  civil 
power. 

16.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 


292  APPENDIX    "D" 

without  the  consent  of  the  owner;  nor  in  time  of  war,  except  in 
the  manner  prescribed  by  law. 

17.  The  people  have  the  right  to  assemble  in  a  peaceable  manner 
to  consult  for  the  common  good,  to  make  known  their  opinions  to 
their  representatives,  and  to  apply  for  redress  of  grievances. 

18.  All  elections  shall  be  free  and  equal. 

19.  Every  person  ought  to  find  a  certain  remedy  in  the  laws  for 
all  injuries  and  wrongs  which  he  may  receive  in  his  person,  prop- 
erty or  reputation;  he  ought  to  obtain,  by  law,  right  and  justice 
freely,  and  without  being  obliged  to  purchase  it,  completely  and 
without  denial,  promptly,  and  without  delay. 

20.  A  frequent  recurrence  to  the  fundamental  principles  of  civil 
government  is  absolutely  necessary  to  preserve  the  blessings  of 
liberty. 

ARTICLE  III. 

DISTRIBUTION    OF    POWERS. 

The  powers  of  the  government  of  this  state  are  divided  into 
three  distinct  departments — the  legislative,  executive  and  judicial; 
and  no  person,  or  collection  of  persons,  being  one  of  these  depart- 
ments, shall  exercise  any  power  properly  belonging  to  either  of 
the  others,  except  as  hereinafter  expressly  directed  or  permitted. 

ARTICLE  IV. 
LEGISLATIVE     DEPARTMENT. 

1.  The  legislative  power  shall  be  vested  in  a  general  assembly, 
which  shall  consist  of  a  senate  and  house  of  representatives,  both 
to  be  elected  by  the  people. 

ELECTION. 

2.  An  election  for  members  of  the  general  assembly  shall  be 
held  on  the  Tuesday  next  after  the  first  Monday  in  November,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  seventy,  and, 
every  two  years  thereafter,  in  each  county,  at  such  places  therein 
as  may  be  provided  by  law.    When  vacancies  occur  in  either  house. 


CONSriTDTlON    OF    ILLINOIS  293 

the  governor,  or  persons  exercising  the  powers  of  governor,  shall 
issue  writs  of  election  to  fill  such  vacancies. 

ELIGIBILITY    AND    OATH. 

3.  No  person  shall  be  a  senator  who  shall  not  have  attained  the 
age  of  twenty-five  years,  or  a  representative  who  shall  not  have 
attained  the  age  of  twenty-one  years.  No  person  shall  be  a  senator 
or  representative  who  shall  not  be  a  citizen  of  the  United  States, 
and  who  shall  not  have  been  for  five  years  a  resident  of  this  state, 
and  for  two  years  next  preceding  his  election  a  resident  within  the 
territory  forming  the  district  from  which  he  is  elected.  No  judge 
or  clerk  of  any  court,  secretary  of  state,  attorney  general,  state's 
attorney,  recorder,  sheriff,  or  collector  of  public  revenue,  member 
of  either  house  of  congress,  or  person  holding  any  lucrative  office 
under  the  United  States  or  this  state,  or  any  foreign  government, 
shall  have  a  seat  in  the  general  assembly:  Provided,  that  appoint- 
ments in  the  militia,  and  the  offices  of  notary  public  and  justice  of 
the  peace,  shall  not  be  considered  lucrative.  Nor  shall  any  person, 
holding  any  office  of  honor  or  profit  under  any  foreign  government, 
or  under  the  government  of  the  United  States  (except  postmasters 
whose  annual  compensation  does  not  exceed  the  sum  of  $300),  hold 
any  office  of  honor  or  profit  under  the  authority  of  this  state. 

4.  No  person  who  has  been,  or  hereafter  shall  be.  convicted  of 
bribery,  perjury,  or  other  infamous  crime,  nor  any  person  who  has 
been  or  may  be  a  collector  or  holder  of  public  moneys,  who  shall 
not  have  accounted  for  and  paid  over,  according  to  law,  all  such 
moneys  due  from  him,  shall  be  eligible  to  the  general  assembly,  or 
to  any  office  of  profit  or  trust  in  this  state. 

5.  Members  of  the  general  assembly,  before  they  enter  upon 
their  official  duties,  shall  take  and  subscribe  the  following  oath  or 
affirmation: 

I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  constitution  of  the 
United  States,  and  the  constitution  of  the  State  of  Illinois,  and  will  faithfully 
discharge  the  duties  of  senator  (or  representative)  according  to  the  best  of 
my  ability;  and  that  I  have  not,  knowingly  or  intentionally,  paid  or  con- 
tributed anything,  or  made  any  promise,  in  the  nature  of  a  bribe,  to  directly 
or  indirectly  influence  any  vote  at  the  election  at  which  I  was  chosen  to  fill 
the  said  office,  and  have  not  accepted,  nor  will  I  accept  or  receive,  directly 
or  indirectly,  any  money  or  other  valuable  thing,  from  any  corporation,  com- 


294  APPENDIX   "D" 

pany  or  person,  for  any  vote  or  influence  I  may  give  or  withhold  on  any  bill, 
resolution  or  appropriation,  or  for  any  other  official  act. 

This  oath  shall  be  administered  by  a  judge  of  the  supreme  or 
circuit  court,  in  the  hall  of  the  house  to  which  the  member  is 
elected,  and  the  secretary  of  state  shall  record  and  file  the  oath 
subscribed  by  each  member.  Any  member  who  shall  refuse  to  take 
the  oath  herein  prescribed,  shall  forfeit  his  office,  and  every  member 
who  shall  be  convicted  of  having  sworn  falsely  to  or  of  violating  his 
said  oath,  shall  forfeit  his  office,  and  be  disqualified  thereafter  from 
holding  any  office  of  profit  or  trust  in  this  state. 

APPORTIONMENT — SENATORIAL. 
6.  The  general  assembly  shall  apportion  the  state  every  ten  years, 
beginning  with  the  year  1871,  by  dividing  the  population  of  the 
state,  as  ascertained  by  the  federal  census,  by  the  number  51,  and 
the  quotient  shall  be  the  ratio  of  representation  in  the  senate. 
The  state  shall  be  divided  into  51  senatorial  districts,  each  of  which 
shall  elect  one  senator,  whose  term  of  office  shall  be  four  years. 
The  senators  elected  in  the  year  of  our  Lord  1872,  in  districts 
bearing  odd  numbers,  shall  vacate  their  offices  at  the  end  of  two 
years,  and  those  elected  in  districts  bearing  even  numbers,  at  the 
end  of  four  years;  and  vacancies  occurring  by  the  expiration  of 
term,  shall  be  filled  by  the  election  of  senators  for  the  full  term. 
Senatorial  districts  shall  be  formed  of  contiguous  and  compact  ter- 
ritory, bounded  by  county  lines,  and  contain,  as  nearly  as  practica- 
ble, an  equal  number  of  inhabitants;  but  no  district  shall  contain 
less  than  four-fifths  of  the  senatorial  ratio.  Counties  containing 
not  less  than  the  ratio  and  three-fourths,  may  be  divided  intx3  sep- 
arate districts,  and  shall  be  entitled  to  two  senators,  and  to  one 
additional  senator  for  each  number  of  inhabitants  equal  to  the 
ratio  contained  by  such  counties  in  excess  of  twice  the  number  of 
said  ratio. 

Note. — By  the  adoption  of  minority  representation,  sections  7  and  8  of  this 
article  cease  to  be  a  part  of  the  constitution.  Under  section  12  of  the  schedule 
and  the  vote  of  the  adoption,  the  following  section  relating  to  minority  repre- 
sentation is  substituted  for  said  sections: 

MINORITY    REPRESENTATION. 
7  and  8.  The  house  of  representatives  shall  consist  of  three  times 
the  number  of  the  members  of  the  senate,  and  the  term  of  office 


CONSTITUTION    OF    ILLINOIS  295 

shall  be  two  years.  Three  representatives  shall  be  elected  in  each 
senatorial  district  at  the  general  election  in  the  year  of  our  Lord 
1872,  and  every  two  years  thereafter.  In  all  elections  of  representa- 
tives aforesaid,  each  qualified  voter  may  cast  as  many  votes  for  one 
candidate  as  there  are  representatives  to  be  elected,  or  may  dis- 
tribute the  same,  or  equal  parts  thereof,  among  the  candidates,  as 
he  shall  see  fit;  and  the  candidates  highest  in  votes  shall  be  declared 
elected. 

TIME    OF    MEETING    AND    GENERAL    RULES. 

9.  The  sessions  of  the  general  assembly  shall  commence  at  12 
o'clock  noon,  on  the  Wednesday  next  after  the  first  Monday  in 
January,  in  the  year  next  ensuing  the  election  of  members  thereof, 
and  at  no  other  time,  unless  as  provided  by  this  constitution.  A 
majority  of  the  members  elected  to  each  house  shall  constitute  a 
quorum.  Each  house  shall  determine  the  rules  of  its  proceedings, 
and  be  the  judge  of  the  election,  returns  and  qualifications  of  its 
members;  shall  choose  its  own  officers;  and  the  senate  shall  choose 
a  temporary  president  to  preside  when  the  lieutenant-governor  shall 
not  attend  as  president  or  shall  act  as  governor.  The  secretary  of 
state  shall  call  the  house  of  representatives  to  order  at  the  opening 
oi  each  new  assembly,  and  preside  over  it  until  a  temporary  pre- 
siding officer  thereof  shall  have  been  chosen  and  shall  have  taken 
his  seat.  No  member  shall  be  expelled  by  either  house  except  by 
a  vote  of  two-thirds  of  all  the  members  elected  to  that  house,  and 
no  member  shall  be  twice  expelled  for  the  same  offense.  Each 
house  may  punish,  by  imprisonment,  any  person  not  a  member, 
who  shall  be  guilty  of  disrespect  to  the  house  by  disorderly  or 
contemptuous  behavior  in  its  presence.  But  no  such  imprisonment 
shall  extend  beyond  twenty-four  hours  at  one  time,  unless  the  per- 
son shall  persist  in  such  disorderly  or  contemptuous  behavior. 

10.  The  doors  of  each  house,  and  of  committees  of  the  whole, 
shall  be  kept  open,  except  in  such  cases  as,  in  the  opinion  of  the 
house,  require  secrecy.  Neither  house  shall,  without  the  consent  of 
the  other,  adjourn  for  more  than  two  days,  or  to  any  other  place 
than  that  in  which  the  two  houses  shall  be  sitting.  Each  house 
shall  keep  a  journal  of  its  proceedings,  which  shall  be  published. 
In  the  senate  at  the  request  of  two  members,  and  in  the  house  at 
the  request  of  five  members,  the  yeas  and  nays  shall  be  taken  on 


296  APPENDIX   "D" 

any  question,  and  entered  upon  the  journal.  Any  two  members  of 
either  house  shall  have  liberty  to  dissent  from  and  protest,  in 
respectful  language,  against  any  act  or  resolution  which  they  think 
injurious  to  the  public  or  to  any  individual,  and  have  the  reasons 
of  their  dissent  entered  upon  the  journals. 

STYLE    OF    LAWS    AND    PASSAGE    OF    BILLS. 

11.  The  style  of  the  laws  of  this  state  shall  be:  "Be  it  enacted  by 
the  People  of  the-  State  of  Illinois,  represented  in  the  General  As- 
sembly." 

12.  Bills  may  originate  in  either  house,  but  may  be  altered, 
amended  or  rejected  by  the  other;  and  on  the  final  passage  of  all 
bills,  the  vote  shall  be  by  yeas  and  nays,  upon  each  bill  separately, 
and  shall  be  entered  upon  the  journal;  and  no  bill  shall  become  a 
law  without  the  concurrence  of  the  majority  of  the  members  elected 
to  each  house. 

13.  Every  bill  shall  be  read  at  large  on  three  different  days,  in 
each  house;  and  the  bill  and  all  amendments  thereto  shall  be  printed 
before  the  vote  is  taken  on  its  final  passage;  and  every  bill,  having 
passed  both  houses,  shall  be  signed  by  the  speakers  thereof.  No 
act  hereafter  passed  shall  embrace  more  than  one  subject,  and  that 
shall  be  expressed  in  the  title.  But  if  any  subject  shall  be  embraced 
in  an  act  which  shall  not  be  expressed  in  the  title,  such  act  shall  be 
void  only  as  to  so  much  thereof  as  shall  not  be  so  expressed;  and  no 
law  shall  be  revived  or  amended  by  reference  to  its  title  only,  but 
the  law  revived,  or  the  section  amended,  shall  be  inserted  at  length 
in  the  new  act.  And  no  act  of  the  general  assembly  shall  take  effect 
until  the  first  day  of  July  next  after  its  passage,  unless,  in  case  of 
emergency  (which  emergency  shall  be  expressed  in  the  preamble 
or  body  of  the  act),  the  general  assembly  shall,  by  a  vote  of  two- 
thirds  of  all  the  members  elected  to  each  house,  otherwise  direct. 

PRIVILEGES    AND    DISABILITIES. 

14.  Senators  and  representatives  shall,  in  all  cases,  except  treason, 
felony  or  breach  of  the  peace,  be  privileged  from  arrest  during  the 
session  of  the  general  assembly,  and  in  going  to  and  returning  from 
the  same;  and  for  any  speech  or  debate  in  either  house,  they  shall 
not  be  questioned  in  any  other  place. 


CONSTITUTION    OF   ILLINOIS  297 

15.  No  person  elected  to  the  general  assembly  shall  receive  any 
civil  appointment  within  this  state  from  the  governor,  the  governor 
and  senate,  or  from  the  general  assembly,  during  the  term  for  which 
he  shall  be  elected;  and  all  such  appointments  and  all  votes  given 
for  any  such  members  for  any  such  office  or  appointment,  shall  be 
void;  nor  shall  any  member  of  the  general  assembly  be  interested, 
either  directly  or  indirectly,  in  any  contract  with  the  state,  or  any 
county  thereof,  authorized  by  any  law  passed  during  the  term  for 
which  he  shall  have  been  elected,  or  within  one  year  after  the 
expiration  thereof. 

PUBLIC    MONEYS    AND    APPROPRIATIONS. 

16.  The  general  assembly  shall  make  no  appropriation  of  money 
out  of  the  treasury  in  any  private  law.  Bills  making  appropriations 
for  the  pay  of  members  and  officers  of  the  general  assembly,  and 
for  the  salaries  of  the  officers  of  the  government,  shall  contain  no 
provision  on  any  other  subject. 

17.  No  money  shall  be  drawn  from  the  treasury  except  in  pur- 
suance of  an  appropriation  made  by  law,  and  on  the  presentation  of 
a  warrant  issued  by  the  auditor  thereon;  and  no  money  shall  be 
diverted  from  any  appropriation  made  for  any  purpose,  or  taken 
from  any  fund  whatever,  either  by  joint  or  separate  resolution. 
The  auditor  shall,  within  60  days  after  the  adjournment  of  each 
session  of  the  general  assembly,  prepare  and  publish  a  full  statement 
of  all  money  expended  at  such  session,  specifying  the  amount  of 
each  item,  and  to  whom  and  for  what  paid. 

18.  Each  general  assembly  shall  provide  for  all  the  appropria- 
tions necessary  for  the  ordinary  and  contingent  expenses  of  the 
government  until  the  expiration  of  the  first  fiscal  quarter  after  the 
adjournment  of  the  next  regular  session,  the  aggregate  amount  of 
which  shall  not  be  increased  without  a  vote  of  two-thirds  of  the 
members  elected  to  each  house,  nor  exceed  the  amount  of  revenue 
authorized  by  law  to  be  raised  in  such  time;  and  all  appropriations, 
general  or  special,  requiring  money  to  be  paid  out  of  the  state 
treasury,  from  funds  belonging  to  the  state,  shall  end  with  such 
fiscal  quarter:  Provided,  the  state  may,  to  meet  casual  deficits  or 
failures  in  revenues,  contract  debts,  never  to  exceed  in  the  aggre- 
gate $250,000;  and  moneys  thus  borrowed  shall  be  applied  to  the 


298  APPENDIX   "D" 

purpose  for  which  they  were  obtained,  or  to  pay  the  debt  thus 
created,  and  to  no  other  purpose;  and  no  other  debt,  except  for  the 
purpose  of  repelHng  invasion,  suppressing  insurrection,  or  defend- 
ing the  state  in  war  (for  payment  of  which  the  faith  of  the  state 
shall  be  pledged),  shall  be  contracted,  unless  the  law  authorizing 
the  same  shall,  at  a  general  election,  have  been  submitted  to  the 
people,  and  have  received  a  majority  of  the  votes  cast  for  members 
of  the  general  assembly  at  such  election.  The  general  assembly 
shall  provide  for  the  publication  of  said  law  for  three  months  at 
least  before  the  vote  of  the  people  shall  be  taken  upon  the  same; 
and  provision  shall  be  made,  at  the  time,  for  the  payment  of  the 
interest  annually,  as  it  shall  accrue,  by  a  tax  levied  for  the  purpose 
or  from  other  sources  of  revenue;  which  law,  providing  for  the 
payment  of  such  interest  by  such  tax,  shall  be  irrepealable  until 
such  debt  be  paid:  And,  provided,  further,  that  the  law  /evying  the 
tax  shall  be  submitted  to  the  people  with  the  law  authorizing  the 
debt  to  be  contracted. 

19.  The  general  assembly  shall  never  grant  or  authorize  extra 
compensation,  fee  or  allowance  to  any  public  officer,  agent,  servant 
or  contractor,  after  service  has  been  rendered  or  a  contract  made, 
nor  authorize  the  payment  of  any  claim,  or  part  thereof,  hereafter 
created  against  the  state  under  any  agreement  or  contract  made 
without  express  authority  of  law;  and  all  such  unauthorized  agree- 
ments or  contracts  shall  be  null  and  void:  Provided,  the  general 
assembly  may  make  appropriations  for  expenditures  incurred  in 
suppressing  insurrection  or  repelling  invasion. 

20.  The  state  shall  never  pay,  assume  or  become  responsible  for 
the  debts  or  liabilities  of,  or  in  any  manner  give,  loan  or  extend 
its  credit  to  or  in  aid  of  any  public  or  other  corporation,  associa- 
tion or  individual. 

PAY    OF    MEMBERS. 

21.  The  members  of  the  general  assembly  shall  receive  for  their 
services  the  sum  of  $5  per  day,  during  the  first  session  held  under 
this  constitution,  and  10  cents  for  each  mile  necessarily  traveled  in 
going  to  and  returning  from  the  seat  of  government,  to  be  com- 
puted by  the  auditor  of  public  accounts;  and  thereafter  such  com- 
pensation as  shall  be  prescribed  by  law,  and  no  other  allowance  or 
emolument,  directly  or  indirectly,  for  any  purpose  whatever,  except 


CONSTITUTION    OF   ILLINOIS  299 

the  sum  of  $50  per  session  to  each  member,  which  shall  be  in  full 
for  postage,  stationery,  newspapers  and  all  other  incidental  expenses 
and  perquisites;  but  no  change  shall  be  made  in  the  compensation 
of  members  of  the  general  assembly  during  the  term  for  which  they 
may  have  been  elected.  The  pay  and  mileage  allowed  to  each 
member  of  the  general  assembly  shall  be  certified  by  the  speaker 
of  their  respective  houses,  and  entered  on  the  journals  and  pub- 
lished at  the  close  of  each  session. 

SPECIAL    LEGISLATION    PROHIBITED. 

22.  The  general  assembly  shall  not  pass  local  or  special  laws  in 
any  of  the  following  enumerated  cases — that  is  to  say,  for — 

Granting  divorces; 

Changing  the  names  of  persons  or  places; 

Laying  out,  opening,  altering  and  working  roads  or  highways; 

Vacating  roads,  town  plats,  streets,  alleys  and  public  grounds; 

Locating  or  changing  county  seats; 

Regulating  county  and  township  affairs; 

Regulating  the  practice  in  courts  of  justice; 

Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace, 
police  magistrates  and  constables; 

Providing  for  changes  of  venue  in  civil  and  criminal  cases; 

Incorporating  cities,  towns  or  villages,  or  changing  or  amending 
the  charter  of  any  town,  city  or  village; 

Providing  for  the  election  of  members  of  the  board  of  supervisors 
in  townships,  incorporated  towns  or  cities; 

Summoning  and  impaneling  grand  or  petit  juries; 

Providing  for  the  management  of  common  schools; 

Regulating  the  rate  of  interest  on  money; 

The  opening  and  conducting  of  any  election,  or  designating  the 
place  of  voting; 

The  sale  or  mortgage  of  real  estate  belonging  to  minors  or 
others  under  disability; 

The  protection  of  game  or  fish; 

Chartering  or  licensing  ferries  or  toll  bridges; 

Remitting  fines,  penalties  or  forfeitures; 

Creating,  increasing  or  decreasing  fees,  percentage  or  allowances 


300  APPENDIX   "D" 

of  public  oflficers,  during  the  term  for  which  said  officers  are  elected 
or  appointed; 

Changing  the  law  of  descent; 

Granting  to  any  corporation,  association  or  individual  the  right 
to  lay  down  railroad  tracks,  or  amending  existing  charters  for  such 
purpose ; 

Granting  to  any  corporation,  association  or  individual  any 
special  or  exclusive  privilege,  immunity  or  franchise  whatever. 

In  all  other  cases  where  a  general  law  can  be  made  applicable, 
no  special  law  shall  be  enacted. 

23.  The  general  assembly  shall  have  no  power  to  release  or 
extinguish,  in  whole  or  in  part,  the  indebtedness,  liability,  or  obli- 
gation of  any  corporation  or  individual  to  this  state  or  to  any 
municipal  corporation  therein. 

IMPEACHMENT, 

24.  The  house  of  representatives  shall  have  the  sole  power  of 
impeachment;  but  a  majority  of  all  the  members  elected  must  con- 
cur therein.  All  impeachments  shall  be  tried  by  the  senate;  and 
when  sitting  for  that  purpose,  the  senators  shall  be  upon  oath,  or 
affirmation,  to  do  justice  according  to  law  and  evidence.  When 
the  governor  of  the  state  is  tried,  the  chief  justice  shall  preside. 
No  person  shall  be  convicted  without  the  concurrence  of  two-thirds 
of  the  senators  elected.  But  judgment,  in  such  cases,  shall  not 
extend  further  than  removal  from  office  and  disqualification  to  hold 
any  office  of  honor,  profit  or  trust  under  the  government  of  this 
state.  The  party,  whether  convicted  or  acquitted,  shall,  neverthe- 
less, be  liable  to  prosecution,  trial,  judgment  and  punishment  ac- 
cording to  law. 

MISCELLANEOUS. 

25.  The  general  assembly  shall  provide,  by  law,  that  the  fuel, 
stationery  and  printing  paper  furnished  for  the  use  of  the  state;  the 
iTopying,  printing,  binding  and  distributing  the  laws  and  journals, 
and  all  other  printing  ordered  by  the  general  assembly,  shall  be  let 
by  contract  to  the  lowest  responsible  bidder;  but  the  general  assem- 
bly shall  fix  a  maximum  price;  and  no  member  thereof,  or  other 
officer  of  the  state,  shall  be  interested,  directly  or  indirectly,  in  such 
contract.     But  all  such  contracts  shall  be  subject  to  the  approval 


CONSTITUTION    OF    ILLINOIS  301 

of  the  governor,  and  if  he  disapproves  the  same  there  shall  be  a 
re-letting  of  the  contract,  in  such  manner  as  shall  be  prescribed 
by  lavk^. 

26.  The  state  of  Illinois  shall  never  be  made  defendant  in  any 
court  of  law  or  equity. 

27.  The  general  assembly  shall  have  no  power  to  authorize  lot- 
teries or  gift  enterprises  for  any  purpose,  and  shall  pass  laws  to 
prohibit  the  sale  of  lottery  or  gift  enterprise  tickets  in  this  state. 

28.  No  law  shall  be  passed  which  shall  operate  to  extend  the 
term  of  any  public  ofificer  after  his  election  or  appointment. 

29.  It  shall  be  the  duty  of  the  general  assembly  to  pass  such 
laws  as  may  be  necessary  for  the  protection  of  operative  miners,  by 
providing  for  ventilation,  when  the  same  may  be  required,  and  the 
construction  of  escapement  shafts,  or  such  other  appliances  as  may 
secure  safety  in  all  coal  mines,  and  to  provide  for  the  enforcement 
of  said  laws  by  such  penalties  and  punishments  as  may  be  deemed 
proper. 

30.  The  general  assembly  may  provide  for  establishing  and 
opening  roads  and  cartways,  connected  with  a  public  roaa,  for 
private  and  public  use. 

31.  The  general  assembly  may  pass  laws  permitting  the  owners 
of  lands  to  construct  drains,  ditches  and  levees  for  agricultural, 
sanitary  or  mining  purposes,  across  the  lands  of  others,  and  pro- 
vide for  the  organization  of  drainage  districts  and  vest  the  corporate 
authorities  thereof  with  power  to  construct  and  maintain  levees, 
drains  and  ditches,  and  to  keep  in  repair  all  drains,  ditches  and 
levees  heretofore  constructed  under  the  laws  of  this  state,  by  spe- 
cial assessments  upon  the  property  benefited  thereby.  (This  sec- 
tion was  submitted  to  the  voters  at  the  election  in  November,  1878, 
as  an  amendment,  waS  adopted  and  became  a  part  of  the  constitu- 
tion.) 

32.  The  general  assembly  shall  pass  liberal  homestead  and  ex- 
emption laws. 

33.  The  general  assembly  shall  not  appropriate  out  of  the  state 
treasury,  or  expend  on  account  of  the  new  capitol  grounds,  and 
construction,  completion,  and  furnishing  of  the  state  house,  a  sum 
exceeding,  in  the  aggregate,  $3,500,000,  inclusive  of  all  appropria- 
tions heretofore  made,  without  first  submitting  the  proposition  for 
an  additional  expenditure  to  the  legal  voters  of  the  state,  at  a  gen- 


303  APPENDIX   "D" 

eral  election;  nor  unless  a  majority  of  all  the  votes  cast  at  such 
election  shall  be  for  the  proposed  additional  expenditure. 

ARTICLE  V. 
EXECUTIVE    DEPARTMENT. 

1.  The  executive  department  shall  consist  of  a  governor,  lieu- 
tenant governor,  secretary  of  state,  auditor  of  public  accounts, 
treasurer,  superintendent  of  public  instruction  and  attorney  general, 
who  shall,  each,  with  the  exception  of  the  treasurer,  hold  his  office 
for  the  term  of  four  years  from  the  second  Monday  of  January  next 
after  his  election,  and  until  his  successor  is  elected  and  qualified. 
They  shall,  except  the  lieutenant  governor,  reside  at  the  seat  ai 
government  during  their  term  of  office,  and  keep  the  public  records, 
books  and  papers  there,  and  shall  perform  such  duties  as  may  be 
prescribed  by  law. 

2.  The  treasurer  shall  hold  his  office  for  the  term  of  two  years, 
and  until  his  successor  is  elected  and  qualifiedj  and  shall  be  ineligi- 
ble to  said  office  for  two  years  next  after  the  end  of  the  term  for 
which  he  was  elected.  He  may  be  required  by  the  governor  to  give 
reasonable  additional  security,  and  in  default  of  so  doing  his  office 
shall  be  deemed  vacant. 

ELECTION. 

3.  An  election  for  governor,  lieutenant  governor,  secretary  of 
state,  auditor  of  public  accounts,  and  attorney  general,  shall  be  held 
on  the  Tuesday  next  after  the  first  Monday  of  November,  in  the 
year  of  our  Lord  1872,  and  every  four  years  thereafter;  for  superin- 
tendent of  public  instruction,  on  the  Tuesday  next  after  the  first 
Monday  of  November,  in  the  year  1870,  and  every  four  years  thce- 
after;  and  for  treasurer  on  the  day  last  above  mentioned,  and  every 
two  years  thereafter,  at  such  places  and  in  such  manner  as  may  be 
prescribed  by  law. 

4.  The  returns  of  every  election  for  the  above  named  officers 
shall  be  sealed  up  and  transmitted,  by  the  returning  officers,  to  the 
secretary  of  state,  directed  to  "The  speaker  of  the  house  of  repre- 
sentatives," who  shall,  immediately  after  the  organization  of  the 
house,  and  before  proceeding  to  other  business,  open  and  publish 
the  same  in  the  presence  of  a  majoNty  of  each  house  of  the  general 
assembly,  who  shall,  for  that  purpose,  assemble  in  the  hall  of  the 


CONSTITUTION    OF   ILLINOIS 


303 


house  of  representatives.  The  person  having  the  highest  number 
of  votes  for  either  of  said  offices  shall  be  declared  duly  elected;  but 
if  two  or  more  have  an  equal  and  the  highest  number  of  votes',  the 
general  assembly  shall,  by  joint  ballot,  choose  one  of  such  persons 
for  said  office.  Contested  elections  for  all  of  said  offices  shall  be 
determined  by  both  houses  of  the  general  assembly,  by  joint  ballot, 
in  such  manner  as  may  be  prescribed  by  law. 

ELIGIBILITY. 

5.  No  person  shall  be  eligible  to  the  office  of  governor,  or  lieu- 
tenant governor,  who  shall  not  have  attained  the  age  of  thirty 
years,  and  been,  for  five  years  next  preceding  his  election,  a  citizen 
of  the  United  States  and  of  this  state.  Neither  the  governor,  lieu- 
tenant governor,  auditor  of  public  accounts,  secretary  of  state, 
superintendent  of  public  instruction  nor  attorney  general  shall  be 
eligible  to  any  other  office  during  the  period  for  which  he  shall 
have  been  elected. 

GOVERNOR. 

6.  The  supreme  executive  power  shall  be  vested  in  the  governor, 
who  shall  take  care  that  the  laws  be  faithfully  executed. 

7.  The  governor  shall,  at  the  commencement  of  each  session, 
and  at  the  close  of  his  term  of  office,  give  to  the  general  assembly 
information,  by  message,  of  the  condition  of  the  state,  and  shall 
recommend  such  measures  as  he  shall  deem  expedient.  He  shall 
account  to  the  general  assembly,  and  accompany  his  message  with 
a  statement  of  all  moneys  received  and  paid  out  by  him  from  any 
funds  subject  to  his  order,  with  vouchers,  and,  at  the  commence- 
ment of  each  regular  session,  present  estimates  of  the  amount  of 
money  required  to  be  raised  by  taxation  for  all  purposes. 

8.  The  governor  may,  on  extraordinary  occasions,  convene  the 
general  assembly,  by  proclamation,  stating  therein  the  purpose  for 
which  they  are  convened;  and  the  general  assembly  shall  enter 
upon  no  business  except  that  for  which  they  were  called  together. 

9.  In  case  of  a  disagreement  between  the  two  houses  with  respect 
to  the  time  of  adjournment,  the  governor  may,  on  the  same  being 
certified  to  him,  by  the  house  first  moving  the  adjournment,  ad- 
journ the  general  assembly  to  such  time  as  he  thinks  proper,  not 
beyond  the  first  day  of  the  next  regular  session. 


304  APPENDIX   "D" 

10.  The  governor  shall  nominate,  and  by  and  with  the  advice  and 
consent  of  the  senate  (a  majority  of  all  the  senators  elected  con- 
curring, by  yeas  and  nays),  appoint  all  officers  whose  offices  are 
established  by  this  constitution,  or  which  may  be  created  by  law, 
and  whose  appointment  or  election  is  not  otherwise  provided  for; 
and  no  such  officer  shall  be  appointed  or  elected  by  the  general 
assembly. 

11.  In  any  case  of  vacancy,  during  the  recess  of  the  senate,  in 
any  office  which  is  not  elective,  the  governor  shall  make  a  tem- 
porary appointment  until  the  next  meeting  of  the  senate,  when  he 
shall  nominate  some  person  to  fill  such  office;  and  any  person  so 
nominated,  who  is  confirmed  by  the  senate  (a  majority  of  all  the 
senators  elected  concurring  by  yeas  and  nays),  shall  hold  his  office 
during  the  remainder  of  the  term,  and  until  his  successor  shall  be 
appointed  and  qualified.  No  person,  after  being  rejected  by  the 
senate,  shall  be  again  nominated  for  the  same  office  at  the  same 
session,  unless  at  the  request  of  the  senate,  or  be  appointed  to  the 
same  office  during  the  recess  of  the  general  assembly. 

12.  The  governor  shall  have  power  to  remove  any  officer  whom 
he  may  appoint,  in  case  of  incompetency,  neglect  of  duty,  or  mal- 
feasance in  office;  and  he  may  declare  his  office  vacant,  and  fill  the 
same  as  is  herein  provided  in  other  cases  of  vacancy. 

13.  The  governor  shall  have  power  to  grant  reprieves,  com- 
mutations and  pardons,  after  conviction,  for  all  offenses,  subject 
to  such  regulations  as  may  be  provided  by  law  relative  to  the 
manner  of  applying  therefor. 

14.  The  governor  shall  be  commander-in-chief  of  the  military 
and  naval  forces  of  the  state  (except  when  they  shall  be  called  into 
the  service  of  the  United  States),  and  may  call  out  the  same  to 
execute  the  laws,  suppress  insurrection,  and  repel  invasion. 

15.  The  governor,  and  all  civil  officers  of  this  state,  shall  be 
liable  to  impeachment  for  any  misdemeanor  in  office. 

VETO. 

16.  Every  bill  passed  by  the  general  assembly  shall,  before  it 
becomes  a  law,  be  presented  to  the  governor.  If  he  approve,  he 
shall  sign  it.  and  thereupon  it  shall  become  a  law:  but  if  he  do  not 
approve,  he  shall  return  it,  with  his  objections,  to  the  house  in 
which  it  shall  have  originated,  which  house  shall  enter  the  objec- 


CONSTITUTION    OF    ILLINOIS  305 

tions  at  large  upon  its  journal,  and  proceed  to  reconsider  the  bill. 
If,  then,  two-thirds  of  the  members  elected  agree  to  pass  the  same, 
it  shall  be  sent,  together  with  the  objections,  to  the  other  house,  by 
which  it  shall  likewise  be  reconsidered,  and  if  approved  by  two- 
thirds  of  the  members  elected  to  that  house,  it  shall  become  a  law, 
notwithstanding  the  objections  of  the  governor.  But  in  all  such 
cases  the  vote  of  each  house  shall  be  determined  by  yeas  and  nays, 
to  be  entered  upon  the  journal. 

Bills  making  appropriations  of  money  out  of  the  treasury  shall 
specifiy  the  objects  and  purposes  for  which  the  same  are  made,  and 
appropriate  to  them  respectively  their  several  amounts  in  distinct 
items  and  sections,  and  if  the  governor  shall  not  approve  any  one 
or  more  of  the  items  or  sections  contained  in  any  bill,  but  shall 
approve  the  residue  thereof,  it  shall  become  a  law  as  tp  the  residue 
in  like  manner  as  if  he  had  signed  it. 

The  governor  shall  then  return  the  bill,  with  his  objections  to 
the  items  or  sections  of  the  same  not  approved  by  him,  to  the 
house  in  which  the  bill  shall  have  originated,  which  house  shall 
enter  the  objections  at  large  upon  its  journal,  and  proceed  to 
reconsider  so  much  of  said  bill  as  is  not  approved  by  the  governor. 

The  same  proceedings  shall  be  had  in  both  houses  in  reconsid- 
ering the  same  as  is  hereinbefore  provided  in  case  of  an  entire  bill 
returned  by  the  governor  with  his  objections;  and  if  any  item  or 
section  of  said  bill  not  approved  by  the  governor  shall  be  passed 
by  two-thirds  of  the  members  elected  to  each  of  the  two  houses  of 
the  general  assembly,  it  shall  become  part  of  said  law,  notwith- 
standing the  objections  of  the  governor. 

Any  bill  which  shall  not  be  returned  by  the  governor  within  ten 
days  (Sundays  excepted)  after  it  shall  have  been  presented  to  him, 
shall  become  a  law  in  like  manner  as  if  he  had  signed  it;  unless  the 
general  assembly  shall,  by  their  adjournment,  prevent  its  return,  in 
which  case  it  shall  be  filed  with  his  objections  in  the  office  of  the 
secretary  of  state,  within  ten  days  after  such  adjournment,  or  be- 
come a  law. 

LIEUTENANT    GOVERNOR. 

17.  In  case  of  the  death,  conviction  on  impeachment,  failure  to 
qualify,  resignation,  absence  from  the  state,  or  other  disability  of 
the  governor,  the  powers,  duties  and  emoluments  of  the  office,  for 


306  APPENDIX   "D" 

the  residue  of  the  term,  or  until  the  disability  shall  be  removed, 
shall  devolve  upon  the  lieutenant  governor. 

18.  The  lieutenant  governor  shall  be  president  of  the  senate,  and 
shall  vote  only  when  the  senate  is  equally  divided.  The  senate 
shall  choose  a  president,  pro  tempore,  to  preside  in  case  of  the 
absence  or  impeachment  of  the  lieutenant  governor,  or  when  he 
shall  hold  the  office  of  governor. 

19.  If  there  be  no  lieutenant  governor,  or  if  the  lieutenant  gov- 
ernor shall,  for  any  of  the  causes  specified  in  section  17  of  this 
article,  become  incapable  of  performing  the  duties  of  the  office,  the 
president  of  the  senate  shall  act  as  governor  until  the  vacancy  is 
filled  or  the  disability  removed;  and  if  the  president  of  the  senate, 
for  any  of  the  ab6ve  named  causes,  shall  become  incapable  of  per- 
forming the  duties  of  governor,  the  same  shall  devolve  upon  the 
speaker  of  the  house  of  representatives. 

OTHER    STATE    OFFICERS. 

20.  If  the  office  of  auditor  of  public  accounts,  treasurer,  secre- 
tary of  state,  attorney  general,  or  superintendent  of  public  instruc- 
tion shall  be  vacated  by  death,  resignation  or  otherwise,  it  shall  be 
the  duty  of  the  governor  to  fill  the  same  by  appointment,  and  the 
appointee  shall  hold  his  office  until  his  successor  shall  be  elected 
and  qualified  in  such  manner  as  may  be  provided  by  law.  An 
account  shall  be  kept  by  the  officers  of  the  executive  department, 
and  of  all  the  public  institutions  of  the  state,  of  all  moneys  received 
or  disbursed  by  them,  severally,  from  all  sources,  and  for  every 
service  performed,  and  a  semi-annual  report  thereof  be  made  to 
the  governor,  under  oath;  and  any  officer  who  makes  a  false  report 
shall  be  guilty  of  perjury,  and  punished  accordingly. 

21.  The  officers  of  the  executive  department,  and  of  all  the 
public  institutions  of  the  state,  shall,  at  least  ten  days  preceding 
each  regular  session  of  the  general  assembly,  severally  report  to 
the  governor,  who  shall  transmit  such  reports  to  the  general  assem- 
bly, together  with  the  reports  of  the  judges  of  the  supreme  court 
of  the  defects  in  the  constitution  and  laws;  and  the  governor  may 
at  any  time  require  information  in  writing,  under  oath,  from  the 
officers  of  the  executive  department,  and  all  officers  and  managers 


CONSTITUTION    OF    ILLINOIS  307 

of  state  institutions,  upon  any  subject  relating  to  the  condition, 
management  and  expenses  of  their  respective  offices. 

THE    SEAL    OF    STATE. 
22.  There  shall  be  a  seal  of  the  state,  which  shall  be  called  the 
"Great  seal  of  the  State  of  Illinois,"  which  shall  be  kept  by  the 
secretary  of  state,  and  used  by  him,  officially,  as  directed  by  law. 

FEES  AND  SALARIES. 
2;i.  The  officers  named  in  this  article  shall  receive  for  their  serv- 
ices a  salary  to  be  established  by  law,  which  shall  not  be  increased 
or  diminished  during  their  official  terms,  and  they  shall  not,  after 
the  expiration  of  the  terms  of  those  in  office  at  the  adoption  of 
this  constitution,  receive  to  their  own  use  any  fees,  costs,  perquisites 
or  office,  or  other  compensation.  And  all  fees  that  may  hereafter 
be  payable  by  law  for  any  service  performed  by  any  officer  pro- 
vided for  in  this  article  of  the  constitution,  shall  be  paid  in  advance 
into  the  state  treasury. 

DEFINITION    AND    OATH    OF    OFFICE, 

24.  An  office  is  a  public  position  created  by  the  constitution  or 
law,  continuing  during  the  pleasure  of  the  appointing  power,  or 
for  a  fixed  time,  with  a  successor  elected  or  appointed.  An  em- 
ployment is  an  agency,  for  a  temporary  purpose,  which  ceases 
when  that  purpose  is  accomplished. 

25.  All  civil  officers,  except  members  of  the  general  assembly 
and  such  inferior  officers  as  may  be  by  law  exempted,  shall,  before 
they  enter  on  the  duties  of  their  respective  offices,  take  and  sub- 
scribe the  following  oath  or  affirmation: 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will  support  the 
constitution  of  the  United  States,  and  the  constitution  of  the  state  of  Illinois, 

and  that  I  will  faithfully  discharge  the  duties  of  the  ofBce  of  according 

to  the  best  of  my  ability. 

And  no  other  oath,  declaration  or  test  shall  be  required  as  a 
qualification. 

ARTICLE  VI. 

JUDICIAL    DEPARTMENT. 
I.  The  judicial   powers,    except   as   in   this  article   is  otherwise 
provided,   shall   be    vested   in   one   supreme   court,   circuit   courts. 


308  APPENDIX   "D" 

county  courts,  justices  of  the  peace,  police  magistrates,  and  such 
courts  as  may  be  created  by  law  in  and  for  cities  and  incorporated 
towns. 

SUPREME  COURT. 

2.  The  supreme  court  shall  consist  of  seven  judges,  and  shall 
have  original  jurisdiction  in  cases  relating  to  the  revenue,  in 
mandamus  and  habeas  corpus,  and  appellate  jurisdiction  in  all  other 
cases.  One  of  said  judges  shall  be  chief  justice;  four  shall  con- 
stitute a  quorum,  and  the  concurrence  of  four  shall  be  necessary 
to  every  decision. 

3.  No  person  shall  be  eligible  to  the  office  of  judge  of  the 
supreme  court  unless  he  shall  be  at  least  thirty  years  of  age,  and  a 
citizen  of  the  United  States,  nor  unless  he  shall  have  resided  in 
this  state  five  years  next  preceding  his  election,  and  be  a  resident 
of  the  district  in  which  he  shall  be  elected. 

4.  Terms  of  the  supreme  court  shall  continue  to  be  held  in  the 
present  grand  divisions  at  the  several  places  now  provided  for 
holding  the  same;  and  until  otherwise  provided  by  law,  one  or 
more  terms  of  said  court  shall  be  held,  for  the  northern  division, 
in  the  city  of  Chicago,  each  year,  at  such  times  as  said  court  may 
appoint,  whenever  said  city  or  the  county  of  Cook  shall  provide 
appropriate  rooms  therefor,  and  the  use  of  a  suitable  library,  with- 
out expense  to  the  state.  The  judicial  divisions  may  be  altered, 
increased  or  diminished  in  number,  and  the  times  and  places  of 
holding  said  court  may  be  changed  by  law. 

5.  The  present  grand  divisions  shall  be  preserved,  and  be  de- 
nominated Southern,  Central  and  Northern,  until  otherwise  pro- 
vided by  law.  The  state  shall  be  divided  into  seven  districts  for 
the  election  of  judges,  and  until  otherwise  provided  by  law,  they 
shall  be  as  follows: 

First  District. — The  counties  of  St.  Clair,  Clinton,  Washington, 
Jefiferson,  Wayne,  Edwards,  Wabash,  White,  Hamilton,  Franklin, 
Perry,  Randolph,  Monroe,  Jackson,  Williamson,  Saline,  Gallatin, 
Hardin,  Pope,  Union,  Johnson,  Alexander,  Pulaski  and  Massac. 

Second  District. — The  counties  of  Madison,  Bond,  Marion,  Clay, 
Richland,  Lawrence,  Crawford,  Jasper,  Effingham,  Fayette,  Mont- 
gomery, Macoupin,  Shelby,  Cumberland,  Clark,  Greene,  Jersey, 
Calhoun  and  Christian. 


CONSTITUTION    OF    ILLINOIS  309 

Third  District. — The  counties  of  Sangamon,  Macon,  Logan,  De- 
Witt,  Piatt,  Douglas,  Champaign,  Vermilion,  McLean,  Livingston, 
Ford,  Iroquois,  Coles,  Edgar,  Mouhrie  and  Tazewell. 

Fourth  District. — The  counties  of  Fulton,  McDonough,  Hancock, 
Schuyler,  Brown,  Adams,  Pike,  Mason,  Menard,  Morgan,  Cass 
and  Scott. 

Fifth  District. — The  counties  of  Knox,  Warren,  Henderson,  Mer- 
cer, Henry,  Stark,  Peoria,  Marshall,  Putnam,  Bureau,  LaSalle, 
Grundy  and  Woodford. 

Sixth  District. — The  counties  of  Whiteside,  Carroll,  Jo  Daviess, 
Stephenson,  Winnebago,  Boone,  McHenry,  Kane,  Kendall,  De- 
Kalb,  Lee,  Ogle  and  Rock  Island. 

Seventh  District. — The  counties  of  Lake,  Cook,  Will,  Kankakee 
and  DuPage. 

The  boundaries  of  the  districts  may  be  changed  at  the  session  of 
the  general  assembly  next  preceding  the  election  for  judges  therein, 
and  at  no  other  time;  but  whenever  such  alterations  shall  be  made, 
the  same  shall  be  upon  the  rule  of  equality  of  population,  as  nearly 
as  county  bounds  will  allow,  and  the  districts  shall  be  composed  of 
contiguous  counties,  in  as  nearly  compact  form  as  circumstances 
will  permit.  The  alteration  of  the  districts  shall  not  affect  the 
tenure  of  office  of  any  judge. 

6.  At  the  time  of  voting  on  the  adoption  of  this  constitution, 
one  judge  of  the  supreme  court  shall  be  elected  by  the  electors 
thereof,  in  each  of  said  districts  numbered  two,  three,  six  and 
seven,  who  shall  hold  his  office  for  the  term  of  nine  years,  from 
the  first  Monday  of  June,  in  the  year  of  our  Lord  1870.  The  term 
of  office  of  judges  of  the  supreme  court,  elected  after  the  adoption 
of  this  constitution,  shall  be  nine  years;  and  on  the  first  Monday 
of  June  of  the  year  in  which  the  term  of  any  of  the  judges  in  office 
It  the  adoption  of  this  constitution,  or  of  the  judges  then  elected, 
shall  expire,  and  every  nine  years  thereafter,  there  shall  be  an 
election  for  the  successor  or  successors  of  such  judges,  in  the 
respective  districts  wherein  the  term  of  such  judges  shall  expire. 
The  chief  justice  shall  continue  to  act  as  such  until  the  expiration 
of  the  term  for  which  he  was  elected,  after  which  the  judges  shall 
choose  one  of  their  number  chief  justice. 

7.  From  and  after  the  adoption  of  this  constitution,  the  judges  of 
the  supreme  court  shall  each  receive  a  salary  of  $4,000  per  annum. 


310  APPENDIX   "D" 

payable  quarterly,  until  otherwise  provided  by  law.  And  after  said 
salaries  shall  be  fixed  by  law,  the  salaries  of  the  judges  in  ofifice 
shall  "not  be  increased  or  diminished  during  the  terms  for  which 
said  judges  shall  have  been  elected. 

8.  Appeals  and  writs  of  error  may  be  taken  to  the  supreme  court, 
held  in  the  grand  division  in  which  the  case  is  decided,  or,  by  con- 
sent of  the  parties,  to  any  other  grand  division. 

9.  The  supreme  court  shall  appoint  one  reporter  of  its  decisions, 
who  shall  hold  his  office  for  six  years,  subject  to  removal  by  the 
court. 

ID.  At  the  time  of  the  election  for  representatives  in  the  general 
assembly,  happening  next  preceding  the  expiration  of  the  terms  of 
office  of  the  present  clerks  of  said  court,  one  clerk  of  said  court 
for  each  division  shall  be  elected,  whose  term  of  office  shall  be  six 
years  from  said  election,  but  who  shall  not  enter  upon  the  duties 
of  his  office  until  the  expiration  of  the  term  of  his  predecessor,  and 
every  six  years  thereafter  one  clerk  of  said  court  for  each  division 
shall  be  elected. 

APPELLATE    COURTS. 

11.  After  the  year  of  our  Lord  1874,  inferior  appellate  courts,  of 
uniform  organization  and  jurisdiction,  may  be  created  in  districts 
formed  for  that  purpose,  to  which  such  appeals  and  writs  of  error 
as  the  general  assembly  may  provide  may  be  prosecuted  from  cir- 
cuit and  other  courts,  and  from  which  appeals  and  writs  of  error 
shall  lie  to  the  supreme  court,  in  all  criminal  cases,  and  cases  in 
which  a  franchise  or  freehold  or  the  validity  of  a  statute  is  involved, 
and  in  such  other  cases  as  may  be  provided  by  law.  Such  appellate 
courts  shall  be  held  by  such  number  of  judges  of  the  circuit  courts, 
and  at  such  times  and  places,  and  in  such  manner,  as  may  be  pro- 
vided by  law;  but  no  judge  shall  sit  in  review  upon  cases  decided  by 
him,  nor  shall  said  judges  receive  any  additional  compensation  for 
such  services. 

CIRCUIT  COURTS. 

12.  The  circuit  courts  shall  have  original  jurisdiction  of  all 
causes  in  law  and  equity,  and  such  appellate  jurdisdiction  as  is  or 
may  be  provided  by  law,  and  shall  hold  two  or  more  terms  each 
year  in  every  county.  The  terms  of  office  of  judges  of  circuit 
courts  shall  be  six  years. 


CONSTITUTION    OF   ILLINOIS  311 

13.  The  state  exclusive  of  the  county  of  Cook  and  other  counties 
having  a  population  of  100,000,  shall  be  divided  into  judicial  cir- 
cuits, prior  to  the  expiration  of  the  terms  of  office  of  the  present 
judges  of  the  circuit  courts.  Such  circuits  shall  be  formed  of  con- 
tiguous counties,  in  as  nearly  compact  form  and  as  nearly  equal  as 
circumstances  will  permit,  having  due  regard  to  business,  territory 
and  population,  and  shall  not  exceed  in  number  one  circuit  for 
every  100,000  of  population  in  the  state.  One  judge  shall  be  elected 
for  each  of  said  circuits  by  the  electors  thereof.  New  circuits  may 
be  formed  and  the  boundaries  of  circuits  changed  by  the  general 
assembly,  at  its  session  next  preceding  the  election  for  circuit 
judges,  but  at  no  other  time:  Provided,  that  the  circuits  may  be 
equalized  or  changed  at  the  first  session  of  the  general  assembly 
after  the  adoption  of  this  constitution.  The  creation,  alteration  or 
change  of  any  circuit  shall  not  aflfect  the  tenure  of  office  of  any 
judge.  Whenever  the  business  of  the  circuit  court  of  any  one  or 
of  two  or  more  contiguous  counties,  containing  a  population  ex- 
ceeding 50,000,  shall  occupy  nine  months  of  the  year,  the  general 
assembly  may  make  of  such  county  or  counties  a  separate  circuit. 
Whenever  additional  circuits  are  created,  the  foregoing  limitations 
shall  be  observed. 

14.  The  general  assembly  shall  provide  for  the  times  of  holding 
court  in  each  county,  which  shall  not  be  changed,  except  by  the 
general  assembly  next  preceding  the  general  election  for  judges 
of  said  courts;  but  additional  terms  may  be  provided  for  in  any 
county.  The  election  for  judges  of  the  circuit  courts  shall  be  held 
en  the  first  Monday  in  June,  in  the  year  of  our  Lord  1873,  and 
every  six  years  thereafter. 

15.  The  general  assembly  may  divide  the  state  into  judicial  cir- 
cuits of  greater  population  and  territory,  in  lieu  of  the  circuits 
provided  for  in  section  13  of  this  article,  and  provide  for  the  elec- 
tion therein,  severally,  by  the  electors  thereof,  by  general  ticket, 
of  not  exceeding  four  judges,  who  shall  hold  the  circuit  courts  in 
the  circuit  for  which  they  shall  be  elected,  in  such  manner  as  may 
be  provided  by  law. 

16.  From  and  after  the  adoption  of  this  constitution,  judges  of 
the  circuit  courts  shall  receive  a  salary  of  $3,000  per  annum,  pay- 
able quarterly,  until  otherwise  provided  by  law.  And  after  their 
salaries  shall  be  fixed  by  law,  they  shall  not  be  increased  or  dimin- 


312  APPENDIX   "D" 

ished  during  the  terms  for  which  said  judges  shall  be,  respectively, 
elected;  and  from  and  after  the  adoption  of  this  constitution,  no 
judge  of  the  supreme  or  circuit  court  shall  receive  any  other  com- 
pensation, perquisite  or  benefit,  in  any  form  whatsoever,  nor  per- 
form any  other  than  judicial  duties  to  which  may  belong  any 
emoluments. 

17.  No  person  shall  be  eligible  to  the  office  of  judge  of  the  cir- 
cuit or  any  inferior  court,  or  to  membership  in  the  "board  of  county 
commissioners,"  unless  he  shall  be  at  least  25  years  of  age,  and  a 
citizen  of  the  United  States,  nor  unless  he  shall  have  resided  in 
this  state  five  years  next  preceding  his  election,  and  be  a  resident 
of  the  circuit,  county,  city,  cities  or  incorporated  town  in  which  he 
shall  be  elected. 

COUNTY    COURTS. 

18.  There  shall  be  elected  in  and  for  each  county,  one  county 
judge  and  one  clerk  of  the  county  court,  whose  terms  of  office 
shall  be  four  years.  But  the  general  assembly  may  create  districts 
of  two  or  more  contiguous  counties,  in  each  of  which  shall  be 
elected  one  judge,  who  shall  take  the  place  of  and  exercise  the 
powers  and  jurisdiction  of  county  judges  in  such  districts.  County 
courts  shall  be  courts  of  record,  and  shall  have  original  jurisdiction 
in  all  matters  of  probate,  settlement  of  estates  of  deceased  persons, 
appointment  of  guardians  and  conservators,  and  settlements  of 
their  accounts,  in  all  matters  relating  to  apprentices,  and  in  pro- 
ceedings for  the  collection  of  taxes  and  assessments,  and  such  other 
jurisdiction  as  may  be  provided  for  by  general  law. 

19.  Appeals  and  writs  of  error  shall  be  allowed  from  final  deter- 
minations of  county  courts,  as  may  be  provided  by  law. 

PROBATE    COURTS. 

20.  The  general  assembly  may  provide  for  the  establishment  of 
a  probate  court  in  each  county  having  a  population  of  over  50,000, 
and  for  the  election  of  a  judge  thereof,  whose  term  of  office  shall 
be  the  same  as  that  of  the  county  judge,  and  who  shall  be  elected 
at  the  same  time  and  in  the  same  manner.  Said  courts,  when 
established,  shall  have  original  jurisdiction  of  all  probate  matters, 
the  settlement  of  estates  of  deceased  persons,  the  appointment  of 
guardians  and  conservators,  and  settlement  of  their  accounts;  in 


CONSTITUTION    OF    ILLINOIS  313 

all  matters  relating  to  apprentices,  and  in  cases  of  the  sale.;  of  real 
estate  of  deceased  persons  for  the  payment  of  debts. 

JUSTICES    OF    THE    PEACE    AND    CONSTABLES. 

21.  Justices  of  the  peace,  police  magistrates,  and  constables  shall 
be  elected  in  and  for  such  districts  as  are,  or  may  be,  provided  by 
law,  and  the  jurisdiction  of  such  justices  of  the  peace  and  police 
magistrates  shall  be  uniform. 

state's    ATTORNEYS. 

22.  At  the  election  for  members  of  the  general  assembly  in  the 
year  of  our  Lord  1872,  and  every  four  years  thereafter,  there  shall 
be  elected  a  state's  attorney  in  and  for  each  county,  in  lieu  of  the 
state's  attorneys  now  provided  by  law,  whose  term  of  office  shall 
be  four  years. 

COURTS    OF    COOK    COUNTY. 

23.  The  county  of  Cook  shall  be  one  judicial  circuit.  The  cir- 
cuit of  Cook  county  shall  consist  of  five  judges,  until  their  number 
shall  be  increased,  as  herein  provided.  The  present  judge  of  the 
recorder's  court  of  the  city  of  Chicago,  and  the  present  judge  of 
the  circuit  court  of  Cook  county,  shall  be  two  of  said  judges,  and 
shall  remain  in  office  for  the  terms  for  which  they  were  respectively 
elected  and  until  their  successors  shall  be  elected  and  qualified. 
The  superior  court  of  Chicago  shall  be  continued,  and  called  the 
superior  court  of  Cook  county.  The  general  assembly  may  increase 
the  number  of  said  judges,  by  adding  one  to  either  of  said  courts 
for  every  additional  50,000  inhabitants  in  said  county,  over  and 
above  a  population  of  400,000.  The  terms  of  office  of  the  judges 
of  said  courts  hereafter  elected,  shall  be  six  years. 

24.  The  judge  having  the  shortest  unexpired  term  shall  be"  chief 
justice  of  the  court  of  which  he  is  a  judge.  In  case  there  are  two 
or  more  whose  terms  expire  at  the  same  time,  it  may  be  deter- 
mined by  lot  which  shall  be  chief  justice.  Any  judge  of  either  of 
said  courts  shall  have  all  the  powers  of  a  circuit  judge,  and  may 
hold  the  court  of  which  he  is  a  member.  Each  of  them  may  hold  a 
different  branch  thereof  at  the  same  time. 

25.  The  judges  of  the  superior  and  circuit  courts,  and  the  state's 
attorney,  in  said  county,  shall  receive  the  same  salaries,  payable 


314  APPENDIX   "D" 

out  of  the  state  treasury,  as  is  or  may  be  paid  from  said  treasury 
to  the  circuit  judges  and  state's  attorneys  of  the  state,  and  such 
further  compensation,  to  be  paid  by  the  county  of  Cook,  as  is  or 
may  be  provided  by  law;  such  compensation  shall  not  be  changed 
during  their  continuance  in  office. 

26.  The  recorder's  court  of  the  city  of  Chicago  shall  be  con- 
tinued, and  shall  be  called  the  "criminal  court  of  Cook  county." 
It  shall  have  the  jurisdiction  of  a  circuit  court,  in  all  cases  of  crim- 
inal and  quasi  criminal  nature,  arising  in  the  county  of  Cook,  or 
that  may  be  brought  before  said  court  pursuant  to  law;  and  all 
recognizances  and  appeals  taken  in  said  county,  in  criminal  and 
quasi  criminal  cases,  shall  be  returnable  and  taken  to  said  court. 
It  shall  have  no  jurisdiction  in  civil  cases,  except  in  those  on 
behalf  of  the  people,  and  incident  to  such  criminal  or  quasi 
criminal  matters,  and  to  dispose  of  unfinished  business.  The 
terms  of  said  criminal  court  of  Cook  county  shall  be  held  by  one 
or  more  of  the  judges  of  the  circuit  or  superior  court  of  Cook 
county,  as  nearly  as  may  be  in  alternation,  as  may  be  determined 
by  said  judges,  or  provided  by  law.  Said  judges  shall  be  ex  officio 
judges  of  said  court. 

27.  The  present  clerk  of  the  recorder's  court  of  the  city  of  Chi- 
cago shall  be  the  clerk  of  the  criminal  court  of  Cook  county,  during 
the  term  for  which  he  was  elected.  The  present  clerks  of  the 
superior  court  of  Chicago,  and  the  present  clerk  of  the  circuit  court 
of  Cook  county,  shall  continue  in  office  during  the  terms  for  which 
they  were  respectively  elected;  and  thereafter  there  shall  be  but 
one  clerk  of  the  superior  court,  to  be  elected  by  the  qualified  elect- 
ors of  said  county,  who  shall  hold  his  office  for  the  term  of  four 
years,  and  until  his  successor  is  elected  and  qualified. 

28.  All  justices  of  the  peace  in  the  city  of  Chicago  shall  be  ap- 
pointed by  the  governor,  by  and  with  the  advice  and  consent  of 
the  senate  (but  only  upon  the  recommendation  of  a  majority  of 
the  judges  of  the  circuit,  superior  and  county  courts),  and  for  such 
districts  as  are  now  or  shall  hereafter  be  provided  by  law.  They 
shall  hold  their  offices  for  four  years,  and  until  their  successors 
have  been  commissioned  and  qualified,  but  they  may  be  removed 
by  summary  proceeding  in  the  circuit  or  superior  court,  for  extor- 
tion   or   other    malfeasance.     Existing   justices   of   the    peace    and 


CONSTITUTION    OF   ILLINOIS  315 

police  magistrates  may  hold  their  offices  until  the  expiration  of 
their  respective  terms. 

GENERAL    PROVISIONS. 

29.  All  judicial  officers  shall  be  commissioned  by  the  governor. 
All  laws  relating  to  courts  shall  be  general,  and  of  uniform  opera- 
tion; and  the  organization,  jurisdiction,  powers,  proceedings  and 
practice  of  all  courts,  of  the  same  class  or  grade,  so  far  as  regulated 
by  law,  and  the  force  and  effect  of  the  process,  judgments  and  de- 
crees of  such  courts,  severally,  shall  be  uniform. 

30.  The  general  assembly  may,  for  cause  entered  on  the  journals, 
upon  due  notice  and  opportunity  of  defense,  remove  from  office 
any  judge,  upon  concurrence  of  three-fourths  of  all  the  members 
elected,  of  each  house.  All  other  officers  in  this  article  mentioned 
shall  be  removed  from  office  on  prosecution  and  final  conviction 
for  misdemeanor  in  office. 

31.  All  judges  of  courts  of  record,  inferior  to  the  supreme  court, 
shall,  on  or  before  the  first  day  of  June,  of  each  year,  report  in 
writing  to  the  judges  of  the  supreme  court  such  defects  and  omis- 
sions in  the  laws  as  their  experience  may  suggest;  and  the  judges 
of  the  supreme  court  shall,  on  or  before  the  first  day  of  January  of 
each  year,  report  in  writing  to  the  governor  such  defects  and 
omissions  in  the  constitution  and  laws  as  they  may  find  to  exist, 
together  with  appropriate  forms  of  bills  to  cure  such  defects  and 
omissions  in  the  laws.  And  the  judges  of  the  several  circuit  courts 
shall  report  to  the  next  general  assembly  the  number  of  days  they 
have  held  court  in  the  several  counties  composing  their  respective 
circuits,  the  preceding  two  years. 

32.  All  officers  provided  for  in  this  article  shall  hold  their  offices 
until  their  successors  shall  be  qualified,  and  they  shall,  respectively, 
reside  in  the  division,  circuit,  county  or  district  for  which  they  may 
be  elected  or  appointed.  The  terms  of  office  of  all  such  officers, 
where  not  otherwise  prescribed  in  this  article,  shall  be  four  years. 
All  officers,  where  not  otherwise  provided  for  in  this  article,  shall 
perform  such  duties  and  receive  such  compensation  as  is  or  may  be 
provided  by  law.  Vacancies  in  such  elective  offices  shall  be  filled  by 
election;  but  where  the  unexpired  term  does  not  exceed  one  year, 
the  vacancy  shall  be  filled  by  appointment,  as  follows:   Of  judges,  by 


316  APPENDIX   "D" 

the  governor;  of  clerks  of  courts,  by  the  court  to  which  the  office 
appertains,  or  by  the  judge  or  judges  thereof;  and  of  all  such  other 
offices,  by  the  board  of  supervisors  or  board  of  county  commis- 
sioners in  the  county  where  the  vacancy  occurs. 

33.  All  process  shall  run:  In  the  name  of  the  People  of  the  State 
of  Illinois;  and  all  prosecutions  shall  be  carried  on:  In  the  name 
and  by  the  authority  of  the  People  of  the  State  of  Illinois;  and  conclude: 
Against  the  peace  and  dignity  of  the  same.  "Population,"  wherever 
used  in  this  article,  shall  be  determined  by  the  next  preceding 
census  of  this  state,  or  of  the  United  States. 

ARTICLE  VII. 
SUFFRAGE. 

1.  Every  person  having  resided  in  this  state  one  year,  in  the 
county  90  days,  and  in  the  election  district  30  days  next  precding 
any  election  therein,  who  was  an  elector  in  this  state  on  the  first 
day  of  April,  in  the  year  of  our  Lord  1848,  or  obtained  a  certificate 
of  naturalization  before  any  court  of  record  in  this  state  prior  to 
the  first  day  of  January,  in  the  year  of  our  Lord  1870,  or  who  shall 
be  a  male  citizen  of  the  United  States,  above  the  age  of  21  years, 
shall  be  entitled  to  vote  at  such  election. 

2.  All  votes  shall  be  by  ballot. 

3.  Electors  shall,  in  all  cases  except  treason,  felony,  or  breach 
of  the  peace,  be  privileged  from  arrest  during  their  attendance  at 
elections,  and  in  going  to  and  returning  from  the  same.  And  no 
elector  shall  be  obliged  to  do  military  duty  on  the  days  of  election, 
except  in  time  of  war  or  public  danger. 

4.  No  elector  shall  be  deemed  to  have  lost  his  residence  in  this 
state  by  reason  of  his  absence  on  business  of  the  United  States,  or 
of  this  state,  or  in  the  military  or  naval  service  of  the  United  States. 

5.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of  the 
United  States  shall  be  deemed  a  resident  of  this  state  in  conse- 
quence of  being  stationed  therein. 

6.  No  person  shall  be  elected  or  appointed  to  any  office  in  this 
state,  civil  or  military,  who  is  not  a  citizen  of  the  United  States, 
and  who  shall  not  have  resided  in  this  state  one  year  next  preced- 
ing the  election  or  appointment. 


CONSTITUTION    OF    ILLINOIS  317 

7.  The  general  assembly  shall  pass  laws  excluding  from  the  right 
of  sufifrage  persons  convicted  of  infamous  crimes. 


ARTICLE  VIII. 

EDUCATION. 

1.  The  general  assembly  shall  provide  a  thorough  and  efficient 
system  of  free  schools,  whereby  all  children  of  this  state  may 
receive  a  good  common  school  education. 

2.  All  lands,  moneys,  or  other  property,  donated,  granted  or 
received  for  schools,  college,  seminary  or  university  purposes,  and 
the  proceeds  thereof,  shall  be  faithfully  applied  to  the  objects  for 
which  such  gifts  or  grants  were  made. 

3.  Neither  the  general  assembly  nor  any  county,  city,  town, 
township,  school  district,  or  other  public  corporation,  shall  ever 
make  any  appropriation  or  pay  from  any  public  fund  whatever,  any- 
thing in  aid  of  any  church  or  sectarian  purpose,  or  to  help  support 
or  sustain  any  school,  academy,  seminary,  college,  university,  or 
other  literary  or  scientific  institution,  controlled  by  any  church  or 
sectarian  denomination  whatever;  nor  shall  any  grant  or  donation 
of  land,  money,  or  other  personal  property,  ever  be  made  by  the 
state  or  any  such  public  corporation,  to  any  church,  or  for  any 
sectarian  purpose. 

4.  No  teacher,  state,  county,  township  or  district  school  officer 
shall  be  interested  in  the  sale,  proceeds  or  profits  of  any  book, 
apparatus  or  furniture  used  or  to  be  used  in  any  school  in  this 
state,  with  which  such  officer  or  teacher  may  be  connected,  under 
such  penalties  as  may  be  provided  by  the  general  assembly. 

5.  There  may  be  a  county  superintendent  of  schools  in  each 
county,  whose  qualifications,  powers,  duties,  compensation,  and 
time  and  manner  of  election,  and  term  of  office,  shall  be  prescribed 
by  law. 

ARTICLE  IX. 

REVENUE. 

I,  The  general  assembly  shall  provide  such  revenue  as  may  be 
needful  by  levying  a  tax,  by  valuation,  so  that  every  person  and 
corporation  shall  pay  a  tax  in  proportion  to  the  value  of  his,  her 


318  APPENDIX    "D" 

or  its  property — such  value  to  be  ascertained  by  some  person  or 
persons,  to  be  elected  or  appointed  in  such  manner  as  the  general 
assembly  shall  direct,  and  not  otherwise;  but  the  general  assembly 
shall  have  power  to  tax  peddlers,  auctioneers,  brokers,  hawkers, 
merchants,  commission  merchants,  showmen,  jugglers,  innkeepers, 
grocery  keepers,  liquor  dealers,  toll  bridges,  ferries,  insurance,  tele- 
graph and  express  interests  or  business,  vendors  of  patents,  and 
persons  or  corporations  owning  or  using  franchises  and  privileges, 
in  such  manner  as  it  shall  from  time  to  time  direct  by  general  law, 
uniform  as  to  the  class  upon  which  it  operates. 

2.  The  specification  of  the  objects  and  subjects  of  taxation  shall 
not  deprive  the  general  assembly  of  the  power  to  require  other 
subjects  or  objects  to  be  taxed  in  such  manner  as  may  be  con- 
sistent with  the  principles  of  taxation  fixed  in  this  constitution. 

3.  The  property  of  the  state,  counties,  and  other  municipal  cor- 
porations, both  real  and  personal,  and  such  other  property  as  may 
be  used  exclusively  for  agricultural  and  horticultural  societies,  for 
school,  religious,  cemetery  and  charitable  purposes,  may  be  ex- 
empted from  taxation;  but  such  exemption  shall  be  only  by  general 
law.  In  the  assessment  of  real  estate  incumbered  by  public  ease- 
ment, any  depreciation  occasioned  by  such  easement  may  be  de- 
ducted in  the  valuation  of  such  property. 

4.  The  general  assembly  shall  provide,  in  all  cases  where  it  may 
be  necessary  to  sell  real  estate  for  the  non-payment  of  taxes  or 
special  assessments  for  state,  county,  municipal  or  other  purposes, 
that  a  return  of  such  unpaid  taxes  or  assessments  shall  be  made  to 
some  general  officer  of  the  county  having  authority  to  receive  state 
and  county  taxes;  and  there  shall  be  no  sale  of  said  property  for 
any  of  said  taxes  or  assessments  but  by  said  officer,  upon  the  order 
or  judgment  of  some  court  of  record. 

5.  The  right  of  redemption  from  all  sales  of  real  estate  for  the 
non-payment  of  taxes  or  special  assessments  of  any  character  what- 
ever, shall  exist  in  favor  of  owners  and  persons  interested  in  such 
real  estate,  for  a  period  of  not  less  than  two  years  from  such  sales 
thereof.  And  the  general  assembly  shall  provide  by  law  for  reason- 
able notice  to  be  given  to  the  owners  or  parties  interested,  by  pub-" 
lication  or  otherwise,  of  the  fact  of  the  sale  of  the  property  for 
such  taxes  or  assessments,  and  when  the  time  of  redemption  shall 


CONSTITUTION    OF    ILLINOIS  319 

expire:     Provided,  that  occupants  shall  in  all  cases  be  scved  with 
personal  notice  before  the  time  of  redemption  expires. 

6.  The  general  assembly  shall  have  no  power  to  release  or  dis- 
charge any  county,  city,  township,  town  or  district  whatever,  or 
the  inhabitants  thereof,  or  the  property  therein,  from  their  or  its 
proportionate  share  of  taxes  to  be  levied  for  state  purposes,  nor 
shall  commutation  for  such  taxes  be  authorized  in  any  form  what- 
soever. 

7.  All  taxes  levied  for  state  purposes  shall  be  paid  into  the  state 
treasury. 

8.  County  authorities  shall  never  assess  taxes,  the  aggregate  of 
which  shall  exceed  75  cents  per  $100  valuation,  except  for  the  pay- 
ment of  indebtedness  existing  at  the  adoption  of  this  constitution, 
unless  authorized  by  a  vote  of  the  people  of  the  county. 

9.  The  general  assembly  may  vest  the  corporate  authorities  of 
cities,  towns  and  villages  with  power  to  make  local  improvements 
by  special  assessment,  or  by  special  taxation  of  contiguous  prop- 
erty, or  otherwise.  For  all  other  corporate  purposes,  all  municipal 
corporations  may  be  vested  with  authority  to  assess  and  collect 
taxes;  but  such  taxes  shall  be  uniform  in  respect  to  persons  and 
property,  within  the  jurisdiction  of  the  body  imposing  the  same. 

10.  The  general  assembly  shall  not  impose  taxes  upon  municipal 
corporations,  or  the  inhabitants  or  property  thereof,  for  corporate 
purposes,  but  shall  require  that  all  the  taxable  property  within  the 
limits  of  municipal  corporations  shall  be  taxed  for  the  payment  of 
debts  contracted  under  authority  of  law,  such  taxes  to  be  uniform 
in  respect  to  persons  and  property,  within  the  jurisdiction  of  the 
body  imposing  the  same.  Private  property  shall  not  be  liable  to  be 
taken  or  sold  for  the  payment  of  the  corporate  debts  of  a  municipal 
corporation. 

11.  No  person  who  is  in  default,  as  collector  or  custodian  of 
money  or  property  belonging  to  a  municipal  corporation,  shall  be 
eligible  to  any  office  in  or  under  such  corporation.  The  fees,  salary 
or  compensation  of  no  municipal  officer  who  is  elected  or  appointed 
for  a  definite  term  of  office,  shall  be  increased  or  diminished  during 
such  term. 

12.  No  county,  city,  township,  school  district,  or  other  municipal 
corporation,  shall  be  allowed  to  become  indebted  in  any  manner  or 


320  APPENDIX    "D" 

for  any  purpose,  to  an  amount,  including  existing  indebtedness,  in 
the  aggregate  exceeding  five  per  centum  on  the  value  of  the  taxa- 
ble property  therein,  to  be  ascertained  by  the  last  assessment  for 
state  and  county  taxes,  previous  to  the  incurring  of  such  indebt- 
edness. Any  county,  city,  school  district,  or  other  municipal  cor- 
poration, incurring  any  indebtedness  as  aforesaid,  shall  before,  or 
at  the  time  of  doing  so,  provide  for  the  collection  of  a  direct  annual 
tax  sufficient  to  pay  the  interest  on  such  debt  as  it  falls  due,  and 
also  to  pay  and  discharge  the  principal  thereof  within  twenty  years 
from  the  time  of  contracting  the  same.  This  section  shall  not  be 
construed  to  prevent  any  county,  city,  township,  school  district,  or 
other  municipal  corporation,  from  issuing  their  bonds  in  compli- 
ance with  any  vote  of  the  people  which  may  have  been  had  prior 
to  the  adoption  of  this  constitution  in  pursuance  of  any  law  pro- 
viding therefor.* 

ARTICLE   X. 
COUNTIES. 

1.  No  new  county  shall  be  formed  or  established  by  the  general 
assembly,  which  will  reduce  the  county  or  counties,  or  either  of 
them,  from  which  it  shall  be  taken,  to  less  contents  than  400  square 
miles;  nor  shall  any  county  be  formed  of  less  contents;  nor  shall 
any  line  thereof  pass  within  less  than  ten  miles  of  any  county  seat 
of  the  county  or  counties  proposed  to  be  divided. 

2.  No  county  shall  be  divided,  or  have  any  part  stricken  there- 
from, without  submitting  the  question  to  a  vote  of  the  people  of 
the  county,  nor  unless  a  majority  of  all  the  legal  voters  of  the 
county,  voting  on  the  question,  shall  vote  for  the  same. 

3.  There  shall  be  no  territory  stricken  from  any  county,  unless  a 
majority  of  the  voters  living  in  such  territory  shall  petition  for  such 
division;  and  no  territory  shall  be  added  to  any  county  without  the 
consent  of  the  majority  of  the  voters  of  the  county  to  which  it  is 
proposed  to  be  added.  But  the  portion  so  stricken  of?  and  added  to 
another  county,  or  formed  in  whole  or  in  part  into  a  new  county, 


♦By  an  amendment  to  thla  section,  adopted  in  1890,  the  City  of  Chicago 
was  authorized  to  Issue  bonds  not  exceeding  $5,000,000  In  amount  In  aid  of 
the  World's  Columbian  Exposition,  held  in  Chicago  in  1893. 


CONSTITUTION    OF    ILLINOIS  321 

shall  be  holden  for,  and  obliged  to  pay  its  proportion  of  the  indebt- 
■edness  of  the  county  from  which  it  has  been  taken. 

COUNTY    SEATS. 

4.  No  county  seat  shall  be  removed  until  the  point  to  which  it  is 
proposed  to  be  removed  shall  be  fixed  in  pursuance  of  law,  and 
three-fifths  of  the  voters  of  the  county,  to  be  ascertained  in  such 
manner  as  shall  be  provided  by  general  law,  shall  have  voted  in 
favor  of  its  removal  to  such  point;  and  no  person  shall  vote  on  such 
question  who  has  not  resided  in  the  county  six  months,  and  in  the 
election  precinct  ninety  days  next  preceding  such  election.  The 
question  of  the  removal  of  a  county  seat  shall  not  be  oftener  sub- 
mitted than  once  in  ten  years  to  a  vote  of  the  people.  But  when 
an  attempt  is  made  to  remove  a  county  seat  to  a  point  nearer  to 
the  center  of  a  county,  then  a  majority  vote  only  shall  be  necessary. 

COUNTY    GOVERNMENT. 

5.  The  general  assembly  shall  provide,  by  general  law,  for  town- 
ship organization,  under  which  any  county  may  organize  whenever 
a  majority  of  the  legal  voters  of  such  county,  voting  at  any  general 
election,  shall  so  determine,  and  whenever  any  county  shall  adopt 
township  organization,  so  much  of  this  constitution  as  provides  for 
the  management  of  the  fiscal  concerns  of  the  said  county  by  the 
board  of  county  commissioners,  may  be  dispensed  with,  and  the 
afifairs  of  said  county  may  be  transacted  in  such  manner  as  the 
general  assembly  may  provide.  And  in  any  county  that  shall  have 
adopted  a  township  organization,  the  question  of  continuing  the 
same  may  be  submitted  to  a  vote  of  the  electors  of  such  county,  at 
a  general  election,  in  the  manner  that  now  is  or  may  be  provided 
by  law;  and  if  a  majority  of  all  the  votes  cast  upon  that  question 
shall  be  against  township  organization,  then  such  organization  shall 
cease  in  said  county;  and  all  laws  in  force  in  relation  to  counties 
not  having  township  organization,  shall  immediately  take  effect 
and  be  in  force  in  such  county.  No  two  townships  shall  have  the 
same  name,  and  the  day  of  holding  the  annual  township  meeting 
shall  be  uniform  throughout  the  state. 

6.  At  the  first  election  of  county  judges  under  this  constitution, 
there  shall  be  elected  in  each  of  the  counties  in  this  state,  not  undei 


^22  APPENDIX    "D" 

township  organization,  three  officers,  who  shall  be  styled  "The 
board  of  county  commissioners,"  who  shall  hold  sessions  for  the 
transaction  of  county  business  as  shall  be  provided  by  law.  One 
of  said  commissioners  shall  hold  his  office  for  one  year,  one  for  two 
years,  and  one  for  three  years,  to  be  determined  by  lot;  and  every 
year  thereafter  one  such  officer  shall  be  elected  in  each  of  said 
counties  for  the  term  of  three  years. 

7.  The  county  affairs  of  Cook  county  shall  be  managed  by  a 
board  of  commissioners  of  fifteen  persons,  ten  of  whom  shall  be 
elected  from  the  city  of  Chicago,  and  live  from  towns  outside  of 
said  city,  in  such  manner  as  may  be  provided  by  law. 

COUNTY    OFFICERS    AND    THEIR    COMPENSATION. 

8.  In  each  county  there  shall  be  elected  the  following  county 
officers,  at  the  general  election  to  be  held  on  the  Tuesday  after  the 
first  Monday  in  November,  A.  D.  1882:  A  county  judge,  county 
clerk,  sheriff,  and  treasurer;  and  at  the  election  to  be  held  on  the 
Tuesday  after  the  first  Monday  in  November,  A.  D.  1884,  a  coroner 
and  clerk  of  the  circuit  court  (who  may  be  ex-oMcio  recorder  ol 
deeds,  except  in  counties  having  60,000  and  more  inhabitants,  in 
which  counties  a  recorder  of  deeds  shall  be  elected  at  the  general 
election  in  1884).  Each  of  said  officers  shall  enter  upon  the  duties 
of  his  office,  respectively,  on  the  first  Monday  of  December,  after 
his  election,  and  they  shall  hold  their  respective  offices  for  the  term 
of  four  years,  and  until  their  successors  are  elected  and  qualified: 
Provided,  that  no  person  having  once  been  elected  to  the  office  of 
sheriff,  or  treasurer,  shall  be  eligible  to  re-election  to  said  office  for 
four  years  after  the  expiration  of  the  term  for  which  he  shall  have 
been  elected.* 

9.  The  clerks  of  all  the  courts  of  record,  the  treasurer,  sheriflF, 
coroner  and  recorder  of  deeds  of  Cook  county,  shall  receive,  as  their 
only  compensation  for  their  services,  salaries  to  be  fixed  by  law, 
which  shall  in  no  case  be  as  much  as  the  lawful  compensation  of  a 
judge  of  the  circuit  court  of  said  county,  and  shall  be  paid,  respec- 
tively, only  out  of  the  fees  of  the  office  actually  collected.     All  fees. 


♦This  section  as  amended  was  proposed  by  the  general  assembly,  1879, 
ratified  by  a  vote  of  the  people  Nov.  2,  1880,  proclaimed  adopted  by  the  gov- 
ernor N'ov.  22,  1880. 


CONSTITUTION    OF    ILLINOIS  323 

perquisites  and  emoluments  (above  the  amount  of  said  salaries) 
shall  be  paid  into  the  county  treasury.  The  number  of  the  deputies 
and  assistants  of  such  ofificers  shall  be  determined  by  rule  of  the 
circuit  court,  to  be  entered  of  record,  and  their  compensation  shall 
be  determined  by  the  county  board. 

10.  The  county  board,  except  as  provided  in  section  g  of  this 
article,  shall  fix  the  compensation  of  all  county  officers,  with  the 
amount  of  their  necessary  clerk  hire,  stationery,  fuel  and  other 
expenses,  and  in  all  cases  where  fees  are  provided  for,  said  com- 
pensation shall  be  paid  only  out  of,  and  shall  in  no  instance  exceed, 
the  fees  actually  collected;  they  shall  not  allow  either  of  them  more 
per  annum  than  $1,500,  in  counties  not  exceeding  20,000  inhabitants; 
$2,000  in  counties  containing  20,000  and  not  exceeding  30,000  in- 
habitants; $2,500  in  counties  containing  30,000  and  not  exceeding 
50,000  inhabitants;  $3,000  in  counties  containing  50,000  and  not 
exceeding  70,000  inhabitants;  $3,500  in  counties  containing  70,000 
and  not  exceeding  100,000  inhabitants;  and  $4,000  in  counties  con- 
taining over  100,000  and  not  exceeding  250,000  inhabitants;  and  not 
more  than  $1,000  additional  compensation  for  each  additional 
100,000  inhabitants:  Provided,  that  the  compensation  of  no  ofificer 
shall  be  increased  or  diminished  during  his  term  of  office.  All  fees 
or  allowances  by  them  received,  in  excess  of  their  said  compensa- 
tion, shall  be  paid  into  the  county  treasury. 

11.  The  fees  of  township  officers,  and  of  each  class  of  county 
officers,  shall  be  uniform  in  the  class  of  counties  to  which  they 
respectively  belong.  The  compensation  herein  provided  for  shall 
apply  only  to  officers  hereafter  elected,  but  all  fees  established  by 
special  laws  shall  cease  at  the  adoption  of  this  constitution,  and 
such  officers  shall  receive  only  such  fees  as  are  provided  by  general 
law. 

12.  All  laws  fixing  the  fees  of  state,  county  and  township  officers, 
shall  terminate  with  the  terms,  respectively,  of  those  who  may  be 
in  office  at  the  meeting  of  the  first  general  assembly  after  the 
adoption  of  this  constitution;  and  the  general  assembly  shall,  by 
general  law,  uniform  in  its  operation,  provide  for  and  regulate  the 
fees  of  said  officers  and  their  successors,  so  as  to  reduce  the  same 
to  a  reasonable  compensation  for  services  actually  rendered,  but 
the  general  assembly  may,  by  general  law,  classify  the  counties  by 


324  APPENDIX   "D" 

population  into  not  more  than  three  classes,  and  regulate  the  fees 
according  to  class.  This  article  shall  not  be  construed  as  depriving 
the  general  assembly  of  the  power  to  reduce  the  fees  of  existing 
officers. 

13.  Every  person  who  is  elected  to  any  office  in  this  state,  who 
shall  be  paid  in  whole  or  in  part  by  fees,  shall  be  required  by  law 
to  make  a  semi-annual  report,  under  oath,  to  some  officer  to  be 
designated  by  law,  of  all  his  fees  and  emoluments. 

ARTICLE    XI. 
CORPORATIONS. 

1.  No  corporation  shall  be  created  by  special  laws,  or  its  charter 
extended,  changed  or  amended,  except  those  for  charitable,  educa- 
tional, penal  or  reformatory  purposes,  which  are  to  be  and  remain 
under  the  patronage  and  control  of  the  state,  but  the  general  as- 
sembly shall  provide,  by  general  laws,  for  the  organization  of  all 
corporations  hereafter  to  be  created. 

2.  All  existing  charters  or  grants  of  special  or  exclusive  privi- 
leges, under  which  organization  shall  not  have  taken  place,  or 
which  shall  not  have  been  in  operation  within  ten  days  from  the 
time  this  constitution  takes  eflfect,  shall  thereafter  have  no  validity 
or  effect  whatever. 

3.  The  general  assembly  shall  provide,  by  law.  that  in  all  elec- 
tions for  directors  or  managers  of  incorporated  companies,  every 
stockholder  shall  have  the  right  to  vote,  in  person  or  by  proxy,  for 
the  number  of  shares  of  stock  owned  by  him,  for  as  many  persons 
as  there  are  directors  or  managers  to  be  elected,  or  to  accumulate 
said  shares,  and  give  one  candidate  as  many  votes  as  the  number 
of  directors  multiplied  by  the  number  of  his  shares  of  stock  shall 
equal,  or  to  distribute  them  on  the  same  principle  among  as  many 
candidates  as  he  shall  think  fit;  and  such  directors  or  managers 
shall  not  be  elected  in  any  other  manner. 

4.  No  law  shall  be  passed  by  the  general  assembly  granting  the 
right  to  construct  and  operate  a  street  railroad  within  any  city, 
town  or  incorporated  village,  without  requiring  the  consent  of  the 


CONSTITUTION    OF    ILLINOIS  325 

local  authorities  having  the  control  of  the  street  or  highway  pro- 
posed to  be  occupied  by  such  street  railroad. 

BANKS. 

5.  No  state  bank  shall  hereafter  be  created,  nor  shall  the  state 
own  or  be  liable  for  any  stock  in  any  corporation  or  joint  stock 
company  or  association  for  banking  purposes,  now  created,  or  to 
be  hereafter  created.  No  act  of  the  general  assembly  authorizing 
or  creating  corporations  or  associations  with  banking  powers, 
whether  of  issue,  deposit  or  discount,  nor  amendments  thereto, 
shall  go  into  efifect  or  in  any  manner  be  in  force  unless  the  same 
shall  be  submitted  to  a  vote  of  the  people  at  the  general  election 
next  succeeding  the  passage  of  the  same,  and  be  approved  by  a 
majority  of  all  the  votes  cast  at  such  election  for  or  against  such 
law. 

6.  Every  stockholder  in  a  banking  corporation  or  institution 
shall  be  individually  responsible  and  liable  to  its  creditors,  over  and 
above  the  amount  of  stock  by  him  or  her  held,  to  an  amount  equal 
to  his  or  her  respective  shares  so  held,  for  all  its  liabilities  accruing 
while  he  or  she  remains  such  stockholder. 

7.  The  suspension  of  specie  payments  by  banking  institutions,  on 
their  circulation,  created  by  the  laws  of  this  state,  shall  never  be 
permitted  or  sanctioned.  Every  banking  association  now,  or  which 
may  hereafter  be  organized  under  the  laws  of  this  state,  shall  make 
and  publish  a  full  and  accurate  quarterly  statement  of  its  affairs 
(which  shall  be  certified  to,  under  oath,  by  one  or  more  of  its 
officers),  as  may  be  provided  by  law. 

8.  If  a  general  banking  law  shall  be  enacted,  it  shall  provide  for 
the  registry  and  countersigning,  by  an  officer  of  the  state,  of  all 
bills  or  paper  credit,  designed  to  circulate  as  money,  and  require 
security,  to  the  full  amount  thereof,  to  be  deposited  with  the  state 
treasurer,  in  the  United  States  or  Illinois  state  stocks,  to  be  rated 
at  ten  per  cent  below  their  par  value;  and  in  case  of  a  depreciation 
of  said  stocks  to  the  amount  of  ten  per  cent  below  par,  the  bank 
or  banks  owning  said  stocks  shall  be  required  to  make  up  said 
deficiency  by  depositing  additional  stocks.  And  said  law  shall  also 
provide  for  the  recording  of  the  rtames  of  all  stockholders  in  such 


326  APPENDIX   "D" 

corporations,  the  amount  of  stock  held  by  each,  at  the  time  of  any 
transfer  thereof,  and  to  whom  such  transfer  is  made. 

RAILROADS, 

9.  Every  railroad  corporation  organized  or  doing  business  in 
this  state,  under  the  laws  or  authority  thereof,  shall  have  and  main- 
tain a  public  office  or  place  in  this  state  for  the  transaction  of  its 
business,  where  transfers  of  stock  shall  be  made,  and  in  which  shall 
be  kept,  for  public  inspection,  books,  in  which  shall  be  recorded 
the  amount  of  capital  stock  subscribed,  and  by  whom;  the  names 
of  the  owners  of  its  stock,  and  the  amounts  owned  by  them 
respectively;  the  amount  of  stock  paid  in,  and  by  whom;  the  trans- 
fer of  said  stock;  the  amount  of  its  assets  and  liabilities,  and  the 
names  and  place  of  residence  of  its  officers.  The  directors  of  every 
railroad  corporation  shall,  annually,  make  a  report,  under  oath,  to 
the  auditor  of  public  accounts,  or  some  officer  to  be  designated  by 
law,  of  all  their  acts  "and  doings,  which  report  shall  include  such 
matters  relating  to  railroads  as  may  be  prescribed  by  law.  And  the 
general  assembly  shall  pass  laws  enforcing  by  suitable  penalties  the 
provisions  of  this  section. 

ID.  The  rolling  stock,  and  all  other  movable  property  belonging 
to  any  railroad  company  or  corporation  in  this  state,  shall  be  con- 
sidered personal  property,  and  shall  be  liable  to  execution  and  sale 
in  the  same  manner  as  the  personal  property  of  individuals,  and  the 
general  assembly  shall  pass  no  law  exempting  any  such  property 
from  execution  and  sale. 

11.  No  railroad  corporation  shall  consolidate  its  stock,  property 
or  franchise  with  any  other  railroad  corporation  owning  a  parallel 
or  competing  line; and  in  no  case  shall  any  consolidation  take  place, 
except  upon  public  notice  given,  of  at  least  sixty  days,  to  all  stock- 
holders, in  such  manner  as  may  be  provided  by  law.  A  majority  of 
the  directors  of  any  railroad  corporation,  now  incorporated  or 
hereafter  to  be  incorporated  by  the  laws  of  this  state,  shall  be  citi- 
zens and  residents  of  this  state. 

12.  Railways  heretofore  constructed,  or  that  may  hereafter  be 
constructed  in  this  state,  are  hereby  declared  public  highways,  and 
shall  be  free  to  all  persons  for  the  transportation  of  their  persons 


CONSTITUTION    OF    ILLINOIS.  327 

and  property  thereon,  under  such  regulations  as  may  be  prescribed 
by  law.  And  the  general  assembly  shall,  from  time  to  time,  pass 
laws  establishing  reasonable  maximum  rates  of  charges  for  the 
transportation  of  passengers  and  freight  on  the  different  railroads 
in  this  state. 

13.  No  railroad  corporation  shall  issue  any  stock  or  bonds,  ex- 
cept for  money,  labor  or  property  actually  received,  and  applied  to 
the  purposes  for  which  such  corporation  was  created;  and  all  stock 
dividends,  and  other  fictitious  increase  of  the  capital  stock  or  in- 
debtedness of  any  such  corporation,  shall  bo  void.  The  capital 
stock  of  no  railroad  corporation  shall  be  increased  for  any  purpose, 
except  upon  giving  sixty  days'  public  notice,  in  such  manner  as 
may  be  provided  by  law. 

14.  The  exercise  of  the  power,  and  the  right  of  eminent  domain, 
shall  never  be  so  construed  or  abridged  as  to  prevent  the  taking,  by 
the  general  assembly,  of  the  property  and  franchises  of  incorporated 
companies  already  organized,  and  subjecting  them  to  the  public 
necessity  the  same  as  of  individuals.  The  right  of  trial  by  jury  shall 
be  held  inviolate  in  all  trials  of  claims  for  compensation,  when,  in 
the  exercise  of  the  said  right  of  eminent  domain,  any  incorporated 
company  shall  be  interested  either  for  or  against  the  exercise  of 
said  right. 

15.  The  general  assembly  shall  pass  laws  to  correct  abuses  and 
prevent  unjust  discrimination  and  extortion  in  the  rates  of  freight 
and  passenger  tariffs  on  the  different  railroads  in  this  state,  and 
enforce  such  laws  by  adequate  penalties,  to  the  extent,  if  necessary 
for  that  purpose,  of  forfeiture  of  their  property  and  franchises. 

ARTICLE    XII. 
MILITIA. 

1.  The  militia  of  the  state  of  Illinois  shall  consist  of  all  able- 
bodied  male  persons,  resident  in  the  state,  between  the  ages  of 
eighteen  and  forty-five,  except  such  persons  as  now  are,  or  here- 
after may  be,  exempted  by  the  laws  of  the  United  States,  or  of 
this  state. 

2.  The  general  assembly,  in  providing  for  the  o-ganization, 
equipment  and  discipline  of  the  militia,  shall  conform  as  nearly  as 


328  APPENDIX   "D" 

practicable  to  the  regulations  for  the  government  of  the  armies  of 
the  United  States. 

3.  All  militia  officers  shall  be  commissioned  by  the  governor, 
and  may  hold  their  commissions  for  such  time  as  the  general 
assembly  may  provide. 

4.  The  militia  shall  in  all  cases,  except  treason,  felony,  or  breach 
of  the  peace,  be  privileged  from  arrest  during  their  attendance  at 
musters  and  elections,  and  in  going  to  and  returning  from  the 
same. 

5.  The  military  records,  banners  and  relics  of  the  state,  shall  be 
preserved  as  an  enduring  memorial  of  the  patriotism  and  valor  of 
Illinois,  and  it  shall  be  the  duty  of  the  general  assembly  to  provide, 
by  law,  for  the  safe  keeping  of  the  same. 

6.  No  person  having  conscientious  scruples  against  bearing  arms 
shall  be  compelled  to  do  militia  duty  in  time  of  peace:  Provided., 
such  person  shall  pay  an  equivalent  for  such  exemption. 

ARTICLE    XIII. 
WAREHOUSES. 

1.  All  elevators  or  storehouses  where  grain  or  other  property 
is  stored  for  a  compensation,  whether  the  property  stored  be  kept 
separate  or  not,  are  declared  to  be  public  warehouses. 

2.  The  owner,  lessee  or  manager  of  each  and  every  public  ware- 
house situated  in  any  town  or  city  of  not  less  than  100,000  inhabi- 
tants, shall  make  weekly  statements  under  oath,  before  some  officer 
to  be  designated  by  law,  and  keep  the  same  posted  in  some  con- 
spicuous place  in  the  office  of  such  warehouse,  and  shall  also  file 
a  copy  for  public  examination  in  such  place  as  shall  be  designated 
by  law,  which  statement  shall  correctly  set  forth  the  amount  and 
grade  of  each  and  every  kind  of  grain  in  such  warehouse,  together 
with  such  other  property  as  may  be  stored  therein,  and  what  ware- 
house receipts  have  been  issued,  and  are,  at  the  time  of  making 
such  statement,  outstanding  therefor;  and  shall,  on  the  copy  posted 
in  the  warehouse,  note  daily  such  changes  as  may  be  made  in  the 
quantity  and  grade  of  grain  in  such  warehouse;  and  the  different 
grades  of  grain  shipped  in  separate  lots  shall  not  be  mixed  with 


CONSTITUTION    OF    ILLINOIS  329 

inferior  or  superior  grades  without  the  consent  of  the  owner  or 
consignee  thereof. 

3.  The  owners  of  property  stored  in  any  warehouse,  or  holder 
of  a  receipt  for  the  same,  shall  always  be  at  liberty  to  examine 
such  property  stored,  and  all  the  books  and  records  of  the  ware- 
house in  regard  to  such  property. 

4.  All  railroad  companies  and  other  common  carriers  on  rail- 
roads shall  weigh  or  measure  grain  at  points  where  it  is  shipped, 
and  receipt  for  the  full  amount,  and  shall  be  responsible  for  the 
delivery  of  such  amount  to  the  owner  or  consignee  thereof,  at  the 
place  of  designation. 

5.  All  railroad  companies  receiving  and  transporting  grain  in 
bulk  or  otherwise,  shall  deliver  the  same  to  any  consignee  thereof, 
or  any  elevator  or  public  warehouse  to  which  it  may  be  consigned, 
provided  such  consignee  or  the  elevator  or  public  warehouse  can 
be  reached  by  any  track  owned,  leased  or  used,  or  which  can  be 
used,  by  such  railroad  companies;  and  all  railroad  companies  shall 
permit  connections  to  be  made  with  their  track,  so  that  any  such 
consignee,  and  any  public  warehouse,  coal  bank  or  coal  yard,  may 
be  reached  by  the  cars  on  said  railroad. 

6.  It  shall  be  the  duty  of  the  general  assembly  to  pass  all  neces- 
sary laws  to  prevent  the  issue  of  false  and  fraudulent  warehouse 
receipts,  and  to  give  full  efTect  to  this  article  of  the  constitution, 
which  shall  be  liberally  construed  so  as  to  protect  producers  and 
shippers.  And  the  enumeration  of  the  remedies  herein  named  shall 
not  be  construed  to  deny  to  the  general  assembly  the  power  to 
prescribe  by  law  such  other  and  further  remedies  as  may  be  found 
expedient,  or  to  deprive  any  person  of  existing  common  law 
remedies. 

7.  The  general  assembly  shall  pass  laws  for  the  inspection  of 
grain,  for  the  protection  of  producers,  shippers  and  receivers  of 
grain  and  produce. 

ARTICLE   XIV. 

AMENDMENTS    TO    THE    CONSTITUTION. 

I.  Whenever  two-thirds  of  the  members  of  each  house  of  the 
general  assembly  shall,  by  a  vote  entered  upon  the  journals  thereof. 


330  APPENDIX   "D" 

concur  that  a  convention  is  necessary  to  revise,  alter  or  amend  the 
constitution,  the  question  shall  be  submitted  to  the  electors  at  the 
next  general  election.  If  a  majority  voting  at  the  election  vote  for 
a  convention,  the  general  assembly  shall,  at  the  next  session,  pro- 
vide for  a  convention,  to  consist  of  double  the  number  of  members 
of  the  senate,  to  be  elected  in  the  same  manner,  at  the  same  places 
and  in  the  same  districts.  The  general  assembly  shall,  in  the  act 
calling  the  convention,  designate  the  day,  hour  and  place  of  its 
meeting,  fix  the  pay  of  its  members  and  ofificers,  and  provide  for 
the  payment  of  the  same,  together  with  expenses  necessarily  in- 
curred by  the  convention  in  the  performance  of  its  duties.  Before 
proceeding,  the  members  shall  take  an  oath  to  support  the  constitu- 
tion of  the  United  States,  and  of  the  state  of  Illinois,  and  to  faith- 
fully discharge  their  duties  as  members  of  the  convention.  The 
qualification  of  members  shall  be  the  same  as  that  of  members  of 
the  senate,  and  vacancies  occurring  shall  be  filled  in  the  manner 
provided  for  filling  vacancies  in  the  general  assembly.  Said  con- 
vention shall  meet  within  three  months  after  such  election,  and 
prepare  such  revision,  alteration  or  amendments  of  the  constitution 
as  shall  be  deemed  necessary,  which  shall  be  submitted  to  the 
electors  for  their  ratification  or  rejection,  at  an  election  appointed 
by  the  convention  for  that  purpose,  not  less  than  two  nor  more 
than  six  months  after  the  adjournment  thereof;  and  unless  so  sub- 
mitted and  approved  by  a  majority  of  the  electors  voting  at  the 
election,  no  such  revision,  alterations  or  amendments  shall  take 
eflfect. 

2.  Amendments  to  this  constitution  may  be  proposed  in  either 
house  of  the  general  assembly,  and  if  the  same  shall  be  voted  for 
by  two-thirds  of  all  the  members  elected  to  each  of  the  two  houses, 
such  proposed  amendments,  together  with  the  yeas  and  nays  of  each 
house  thereon,  shall  be  entered  in  full  on  their  respective  journals; 
and  said  amendments  shall  be  submitted  to  the  electors  of  this 
state  for  adoption  or  rejection,  at  the  next  election  of  itiembers  of 
the  general  assembly,  in  such  manner  as  may  be  prescribed  by  law. 
The  proposed  amendments  shall  be  published  in  full  at  least  three 
months  preceding  the  election,  and  if  a  majority  of  the  electors 
voting  at  said  election  shall  vote  for  the  proposed  amendments, 
they   shall   become   a  part   of  this   constitution.     But   the   general 


CONSTITUTION    OF    ILLINOIS  331 

assembly  shall  have  no  power  to  propose  amendments  to  more 
than  one  article  of  this  constitution  at  the  same  session,  nor  to  the 
same  article  oftener  than  once  in  four  years. 

SEPARATE  SECTIONS. 
ILLINOIS    CENTRAL    RAILROAD. 

No  contract,  obligation  or  liability  whatever,  of  the  Illinois 
Central  Railroad  Company,  to  pay  any  money  into  the  state  treas- 
ury, nor  any  lien  of  the  state  upon,  or  right  to  tax  property  of  said 
company  in  accordance  with  the  provisions  of  the  charter  of  said 
company,  approved  February  loth,  in  the  year  of  our  Lord  1851, 
shall  ever  be  released,  suspended,  modified,  altered,  remitted,  or  in 
any  manner  diminished  or  impaired  by  legislative  or  other  author- 
ity; and  all  moneys  derived  from  said  company,  after  the  payment 
of  the  state  debt,  shall  be  appropriated  and  set  apart  for  the  pay- 
ment of  the  ordinary  expenses  of  the  state  government,  and  for  no 
other  purposes  whatever. 

MUNICIPAL     SUBSCRIPTIONS     TO     RAILROADS     OR     PRIVATE 
CORPORATIONS. 

No  county,  city,  town,  township  or  other  municipality,  shall  ever 
become  subscriber  to  the  capital  stock  of  any  railroad  or  private 
corporation,  or  make  donation  to  or  loan  its  credit  in  aid  of  such 
corporation:  Provided,  however,  that  the  adoption  of  this  article 
shall  not  be  construed  as  affecting  the  right  of  any  such  municipal- 
ity to  make  such  subscriptions  where  the  same  have  been  author- 
ized, under  existing  laws,  by  a  vote  of  the  people  of  such  munici- 
palities prior  to  such  adoption. 

CANAL. 

The  Illinois  and  Michigan  Canal  shall  never  be  sold  or  leased 
imtil  the  specific  proposition  for  the  sale  or  lease  thereof  shall  first 
have  been  submitted  to  a  vote  of  the  people  of  the  state  at  a  gen- 
eral election,  and  have  been  approved  by  a  majority  of  all  the  votes 
polled  at  such  election.  The  general  assembly  shall  never  loan  the 
credit  of  the  state,  or  make  appropriations  from  the  treasury  thereof. 


332  APPENDIX   "D" 

in  aid  of  railroads  or  canals:     Provided,  that  any  surplus  earnings 
of  any  canal  may  be  appropriated  for  its  enlargement  or  extension. 

CONVICT    LABOR. 

Hereafter  it  shall  be  unlawful  for  the  commissioners  of  any  peni- 
tentiary or  other  reformatory  institution  in  the  state  of  Illinois,  to 
let  by  contract  to  any  person  or  persons,  or  corporations,  the  labor 
of  any  convict  confined  within  said  institution.  (This  section  was 
submitted  to  the  voters  at  the  election  in  November,  1886,  as  an 
amendment,  was  adopted,  and  became  a  part  of  this  Constitution.) 

SCHEDULE. 

That  no  inconvenience  may  arise  from  the  alterations  and  amend- 
ments made  in  the  constitution  of  this  state,  and  to  carry  the  same 
into  complete  effect,  it  is  hereby  ordained  and  declared: 

1.  That  all  laws  in  force  at  the  adoption  of  this  constitution,  not 
inconsistent  therewith,  and  all  rights,  actions,  prosecutions,  claims, 
and  contracts  of  this  state,  individuals,  or  bodies  corporate,  shall 
continue  to  be  as  valid  as  if  this  constitution  had  not  been  adopted. 

2.  That  all  fines,  taxes,  penalties  and  forfeitures,  due  and  owing 
to  the  state  of  Illinois  under  the  present  constitution  and  laws,  shall 
inure  to  the  use  of  the  people  of  the  state  of  Illinois,  under  this 
constitution. 

3.  Recognizances,  bonds,  obligations,  and  all  other  instruments 
entered  into  or  executed  before  the  adoption  of  this  constitution,  to 
the  people  of  the  state  of  Illinois,  to  any  state  or  county  officer  or 
public  body,  shall  remain  binding  and  valid;  and  rights  and  liabili- 
ties upon  the  same  shall  continue,  and  all  crimes  and  misdemeanors 
shall  be  tried  and  punished  as  though  no  change  had  been  made  in 
the  constitution  of  this  state. 

4.  County  courts  for  the  transaction  of  county  business  in  coun- 
ties not  having  adopted  township  organization,  shall  continue  in 
existence  and  exercise  their  present  jurisdiction  until  the  board  of 
county  commissioners  provided  in  this  constitution  is  organized 
in  pursuance  of  an  act  of  the  general  assembly;  and  the  county 
courts  in  all  other  counties  shall  have  the  same  power  and  jurisdic- 
tion they  now  possess  until  otherwise  provided  by  general  law. 

5.  All  existing  courts  which  are  not  in  this  constitution  specifi- 


CONSTITUTION    OF    ILLINOIS  333 

cally  enumerated,   shall   continue   in   existence  and   exercise   their 
present  jurisdiction  until  otherwise  provided  by  law. 

6.  All  persons  now  filling  any  office  or  appointment  shall  con- 
tinue in  the  exercise  of  the  duties  thereof  according  to  their 
respective  commissions  or  appointments,  unless  by  this  constitution 
it  is  otherwise  directed. 

i8.  All  laws  of  the  state  of  Illinois,  and  all  official  writings,  and 
the  executive,  legislative  and  judicial  proceedings,  shall  be  con- 
ducted, preserved  and  published  in  no  other  than  the  English  lan- 
guage. 

19.  The  general  assembly  shall  pass  all  laws  necessary  to  carry 
into  effect  the  provisions  of  this  constitution. 

20.  The  circuit  clerks  of  the  different  counties  having  a  popula- 
tion over  sixty  thousand,  shall  continue  to  be  recorders  (ex-oificio) 
for  their  respective  counties,  under  this  constitution,  until  the 
expiration  of  their  respective  terms. 

21.  The  judges  of  all  courts  of  record  in  Cook  county  shall,  in 
lieu  of  any  salary  provided  for  in  this  constitution,  receive  the  com- 
pensation now  provided  by  law  until  the  adjournment  of  the  first 
session  of  the  general  assembly  after  the  adoption  of  this  constitu- 
tion. 

22.  The  present  judge  of  the  circuit  court  of  Cook  county  shall 
continue  to  hold  the  circuit  court  of  Lake  county  until  otherwise 
provided  by  law. 

2^.  When  this  constitution  shall  be  adopted,  and  take  effect  as 
the  supreme  law  of  the  state  of  Illinois,  the  two-mill  tax  provided 
to  be  annually  assessed  and  collected  upon  each  dollar's  worth  of 
taxabe  property,  in  addition  to  all  other  taxes,  as  set  forth  in  article 
fifteen  of  the  now  existing  constitution,  shall  cease  to  be  assessed 
after  the  year  of  our  Lord  one  thousand  eight  hundred  and  seventy. 

24.  Nothing  contained  in  this  constitution  shall  be  so  construed 
as  to  deprive  the  general  assembly  of  power  to  authorize  the  city  of 
Quincy  to  create  any  indebtedness  for  railroad  or  municipal  pur- 
poses, for  which  the  people  of  said  city  shall  have  voted,  and  to 
which  they  shall  have  given,  by  such  vote,  their  assent,  prior  to  the 
thirteenth  day  of  December,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty-nine:    Provided,  that  no  such  indebtedness, 


334  APPENDIX    "D" 

so  created,  shall  in  any  part  thereof  be  paid  by  the  state,  or  from 
any  state  revenue,  tax  or  fund,  but  the  same  shall  be  paid,  if  at  all, 
by  the  said  city  of  Quincy  alone,  and  by  taxes  to  be  levied  upon 
the  taxable  property  thereof:  And,  provided,  further,  that  the  gen- 
eral assembly  shall  have  no  power  in  the  premises  that  it  could  not 
exercise  under  the  present  constitution  of  this  state. 

25.  In  case  this  constitution  and  the  articles  and  sections  sub- 
mit! ed  separately  be  adopted,  the  existing  constitution  shall  cease 
in  all  its  provisions;  and  in  case  this  constitution  be  adopted,  and 
any  one  or  more  of  the  articles  or  sections  submitted  separately  be 
defeated,  the  provisions  of  the  existmg  constitution  (if  any)  on  the 
same  subject  shall  remain  in  force. 

26.  The  provisions  of  this  constitution  required  to  be  executed 
prior  to  the  adoption  or  rejection  thereof  shall  take  effect  and  be 
in  force  immediately. 

Done  in  convention  at  the  capitol,  in  the  city  of  Springfield,  on 
the  thirteenth  day  of  May,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventy,  and  of  the  independence  of  the  United 
States  of  America  the  ninety-fourth. 


jar 


..-tr 


INDEX. 


Adams,  J 80,  106 

Adjutant-General    84 

Africa 8 

Agora    11 

Agriculture,  Department  of 78,  90 

Secretary  of   8G 

Alaska    87 

Albany  Convention    38 

Aldermap    193,  194 

Alfred,   King  of  England 173 

Ambassadors  and  Ministers 72 

Different  classes  of 72 

Amendments  .to     Constitution     of 

United    States 102 

America,    Central 14 

America,    South    14 

Andrews,   E.    B lOS 

Angles    136 

Anglo-Saxon     130 

Annapolis     86 

Annual   Appropriation   Bill 171 

Anti-Federalists     114 

Appellate  Courts: 

of   Illinois 162,  163 

Appointments  by  Governor  of  Illi- 
nois  ,. ... 1. ...'...  .157 

by    President...,,-,..,,. 73 

by    Mayor. 19S 

Appropriation   Bills   247 

Architect     of     Chicago     Board     of 

Education     , 241 

Army,    The    85 

Arthur,   C.   A 51 

Articles   of   Confederation 42 

Defects   in    42 

Assemblies,    Representative    18 

Assessment  of  Taxes 249-2f;3 

Assessor    183 

Assessors  of  Taxes 249,  250 

Asia   8 

Attainder    261 

Attorney     of     Chicago     Board     of 

Education    241 

Attorney-General     79,  89 

of   Illinois 156,161 


Auditor: 

of    Chicago    Board    of    Educa- 
tion      241 

of   Illinois 159,  160 

of    Public    Accounts 156 

Australia    227 

Australian  Ballot 227-230 

Ballots,  under  Australian  System.. 228 

Baltic    Sea 12 

Bankruptcy,    National   Law   of 63 

Banks,    National 62 

Barons'    War 20 

Bill  of  Attainder 261 

Bill  of   Rights 40,258 

Definition   cf   103 

Blackstone,   Sir  W 1 

Bloomington     155 

Board   of  County   Commissioners.. 168 

Duties   170,  171 

Board  of  Directors 238,  239 

Boards  of  Education: 

Administrative  offices 240 

in  certain  districts 239 

in  cities  of  100,000  inhabitants.  .240 

Powers   241,  242 

Duties    242 

of  City  of  Chicago,  officers. 240,  241 

Board  of  Health 185,  186 

Board  of  Registry .' 221 

Board   of  Review 250,251 

Board    cf    Supervisors 168 

Board  of  Town  Auditors 185 

Boston    180,  189 

Boston  Port  Bill 39 

Boston,   Town  of 33 

Bouvier's  Law  Dictionary 173 

Bridewell    207 

Bristol    ,.. 138 

Bryce,   J 94,  103 

Building    Department 205 

Building   Restrictions 197 

Buildings,  Commissioner  of 205 

Business      Manager      of      Chicago 

Board  of  Education 241 

Bureau  of  Education 88 


(335) 


336 


INDEX 


Bureau  of  Geological  Survey 88 

Burr,   A 106 

Cabinet.    The 78 

Cabot,     J 120 

Cahokia    120 

Cairo   155 

Canada    121,  227 

Canada   Thistles 183 

Carolina,   North  and  South 147 

Carpenter's   hall 40 

Carson,    H 95 

Charles  II.,   King  of  England 138 

Charter,   Deflnition  of 28 

Charter  Colonies   32 

Chase.   S.   P 122 

Chicago     155,  181,  192 

Government    of 193 

Public  School  System 242,  243 

Chief  of  Bureau  of  Statistics 84 

Chief    of    Engineers 85 

Chief  Engineer   of   Chicago   Board 

Education    241 

Chief  Signal   Officer 83 

Chisholm  v.   State  of  Georgia 105 

Church   Government   in   New   Eng- 
land     128 

Citizen: 

Definition   214 

Duties     262 

Rights   and    Duties 256 

Citizens  and  Voters 213,214 

City,  Origin  of  Modem 191 

City  Attorney 200.  206 

City   Charters,    in   Illinois 192 

City    Clerk 199 

City    Collector 200 

City    Comptroller 199,  200,  201 

City  Council 193,  194-197 

Powers  of 194-197 

City    Engineer 205 

City  Government: 

Building   Department    205 

Departments  and  Officers.  ..203-206 

Executive    Department. 198-201 

Financial    Department 201 

Fire   Depai;^ment 209 

Health     Department 207,  20S 

Inspectors  210 

Law    Department 206 

Legislative    Department 193,  194 

Police    Department 208 

Sanitary  District  of  Chicago..  .211 

City    Physician 207 

City   Treasurer    199 


Circuit  Courts  of  Illinois 163 

of  United  States 99 

Civil  Service  Commission. .  .91,  201-2C3 

County    172,  173 

Civil   Service   Commisssioners 

81,   172,   201 

Civil  Service  Law,  The 81,  172,  201 

Civil  Service  Examinations 172,  202 

Clan,   The 3 

Classified  Civil  Service,  of  County. 172 

of    City    202 

Clerk  of  Circuit  Court 168 

of   Parish    13G 

Clerks: 

of   Courts    ...175,  176 

of   Election    215.220 

Clerk  and  School  Agent  of  Chicago 

Board    of    Education 240 

Colonies: 

Charter 32 

Proprietary    ?3 

Royal    31 

Boundaries  of  Original 86 

Political   Status  of 34 

Collector    183 

Comitia    11 

Commander  in   Chief 70,157 

Commerce: 

Regulation   of    58 

Interstate   59 

Commissary   General 85 

Commissioner  of  Buildings 205 

of  Customs    83 

of  Health 195,  207 

of  Indian  Affairs 88 

of  Internal   Revenue 84 

of  Labor   79 

of   Navigation    84 

of  Patents   88 

of    Public  Works 204 

of  Railroads   S8 

Committee   on   Finance 171 

Committee  on  Public  Service 171 

Committees,   Political 116 

Commutations,  of  Governor  of  Illi- 
nois     157 

I  Comptroller  of  Currency 83 

I  City    199,  200,  201 

Compromise  Bill  of  1820 148 

Concord    41 

Congress: 

Classification  of  Powers 66 

Express    and    Implied    Powers 
of    113.  114 


INDEX 


337 


Congress: 

Powers  of 56-68 

Connecticut  32,  33,  34,  120 

Constables 132,  136,   140,  179,  184 

Constitution: 

Definition  of 22 

Written   21 

Constitution  of  Illinois: 

Adoption   124 

of  1818,  145;  provisions  for  local 

government   146 

of  1818  and  1848 143 

of     1870,     151;     provisions     for 

counties   167 

Reasons  for  adoption  of  1848...  149 

Constitution  of  United  States 22 

Amendments  to 102-109 

Elastic   Clause    114 

Objections  to  adoption 45 

Construction  and  Repair,  Bureau  of  86 

Consuls    73 

Contagious  diseases 208 

Convention,   The  Constitutional 45 

Conventions: 

National    116 

Nominating   116 

Cook    County,    Illinois 163 

County  commissioners 170 

County  government 168,  169 

Copyrights   63 

Corporation,  definition  of 62 

Corporation    Counsel 199,  20t) 

Coroner  136,  140,  168 

in   Illinois 175 

Council,  Governor's 33 

City    193-197 

County: 

English  origin 166 

Officers  of  English 136 

Origin  of 135 

Rivalry     between     town     and 
county  149 

County   in    Illinois: 

Constitutional  provisions 167 

County  in  United  States: 

Creation    .467 

Corporate   powers 167 

Government    167 

County    Board 168 

Members     169 

County  Clerk  168 

in   Illinois 173 

in  Cook  county 173 

County  Commissioners,  Board  of. . 
146,  168 


County  Committee 116 

County  Court: 

Distinction     between     Virginia 

and    Illinois 147 

of   Illinois    164,165 

of    Virginia 140 

County  Government  of   Illinois  In 

general    166 

County    Judge 168 

County    Officers 168 

County    Recorder 176,  177 

County   Superintendent  of  Schools 

234,  235,  237 

County  System: 

Adoption  in  Illinois 146 

County    Taxes 169 

County  Treasurer 168 

in    Illinois 174,  175 

Courts: 

Federal,  95;  jurisdiction  of,  96; 

State   161-165 

Courts  of  United   States: 

Territorial    100 

Of    Claims 101 

Supreme    53 

Jurisdiction    of 53 

Circuit    99 

Circuit  of  Appeals 99 

District    98 

Crimes,    Trial   for .- 97 

Criminal  Court  of  Cook  County... 164 
"Critical  Period  of  American  His- 
tory, The" 44 

Gushing,  C 90 

Custom   House  Duties 57 

Customs,   Commissioner  of 83 

Declaration   of  Independence 26 

Delaware  33,  34,  86 

Democratic    party 115 

Department 

of    Agriculture 78,  90 

Interior  78,  86 

Justice  78,  89 

Labor    78,  91 

Navy 78,  85 

Public  Works 204,  205 

State    78,  81 

Treasury    78,  82 

War    78,  84 

Desplaines   River 211 

Development,    Governmental 5 

Director  of   Mint 84 

District  Court  of  the  United  States.  98 

District    of    Columbia 67,  100 

Dollar,    Gold 60 


338 


INDEX 


Drainage  Canal 211,  212 

Duties  56 

Dutton,  F 227 

Ecclesla   11 

Education,  Bureau  of 88 

Educational  System  of  Illinois. 233-244 

Constitutional  provisions 234 

Origin     233 

Edward  I.,   King  of  England 20 

Elbe   12 

Election,    The 224-226 

in    Illinois 216 

Elections: 

in  cities,  villages  and  incorpo- 
rated towns  of  Illinois.... 219-232 

of    President 52 

Election      Commissioners,      Board 

of    219,  220 

Election  Laws,  of  Illinois.  .213,  214-217 

Electoral   College 52 

Eminent    Domain 253-255 

Compensation 254 

Contrasted  with  taxation.  .254,  255 

Taking   property 254 

Enabling  Act,   The 143-145 

Propositions    of 144 

England 12,  121,  135,   166,  191,   245 

Engineers,   Chiet  of 85 

Equipment    and    Recruiting,    Bu- 
reau  of 85 

Essex,  County  of 135 

Evarts,   W 90 

Examiner  of  Claims 90 

Excise  56 

Executive  Department 51,  69 

Branches    of 78 

Difference  in  United  States  and 
Illinois,  156;  of  cities 198-201 

Opinions    of   executive    oiflcers.  70 

Family,   The 3 

Federalist,  The 68 

Federalists   114 

Fence  Viewers 132 

Finance,  Committee  on 171 

Financial  Department  of  Cities 201 

Fire    Marshal 209 

Department    209 

First   Continental   Congress 39 

Fish    Commission    91 

Fish,   Inspector   of 210 

Fiske,  J 45,  103,  142 

Florida   87 

Forum    11 

France  14,  87,  121 

Franklin,  B 38,  46,  47 


Freedom: 

Absolute   2 

Meaning       in        governmental 

sense   5 

of   conscience 259 

of  speech  and  press 259,  260 

French   and   Indian  War 121 

Froude,    J 48 

Gas  Meters,  Inspector  of 210 

Geological  Survey,  Bureau  of 88 

Generals: 

Brigadier    85 

Major    85 

General    Assembly    of    Massachu- 
setts     134 

General  Election  Law  of  Illinois. . 

214-217 

General  School  Law  of  Illinois 

235-244 

Special      provisions      applicable 

to   Chicago 242,  243 

Georgia    31,  105 

Gladstone,  W 47 

Gold: 

Certificates    61 

Coined    61 

Uncoined    61 

Government: 

Best  form  of 2 

Branches    of 23 

Branches  of  federal 49 

Definition  of 1 

Definition  of  popular 15 

Distinctive  features  of  our 17 

General  powers  of  federal 24 

Illinois   early  form  of 119 

Limitations  of  state 25 

Necessity   of 1 

Need  of  central 41 

of  cities  in  Illinois 188,  189 

of  Cook  County,  111 160 

of    villages 187,  188 

Origin  of  representative 18,  119 

Outline    of    federal 40 

Territorial    65,  66 

•  Town  and  county  system  con- 
trasted     141 

Township   and   village    in   Illi- 
nois     180 

Tribal   form  of 8 

Government,  Colonial 28 

Change  to  state 34 

Government,   Municipal 25 

Government  Printing  OflSce 91 

Governor   of   Illinois 156 


INDEX 


339 


Governor  of  Illinois: 

Appointments  157 

Commander  in  Chief 157 

Powers    and    duties 157 

Qualifications  156 

Veto  157 

Grants,  Colonial 31 

Greece  11 

Green,   J.   R 19,  30,104 

"Greenbacks"    62 

Habeas  Corpus 162,  258,  259 

Hamilton,  A 46,  105,  112,  133 

Health,  Board  of 185,  186 

Commissioner  of 195,  207 

Department    207,  208 

Henry  III.,  King  of  England 119 

Highway  Commissioners 184,  186 

Holland   12 

Hosmer,    S 134 

House  of  Correction 207 

Illinois    135 

Adoption  of  county  system 140 

as  Virginia  county 121 

Beginnings   of   township    in 147 

Constitutions  of  1818  and  1848.. 

143-150 

County  government   166 

Counties      now      adhering      to 

county   system    150 

Early  government   120 

Early   settlement    120 

Enabling  Act 143-145 

Executive  Department   146,  156 

First  State   Government 145 

Impeachment    155 

Influence    of    Virginia    county 

system    135 

Judicial  Department   146 

Legislative    Department 

146,   153-155 

Legislative   sessions    154 

Local  institutions   124 

President  of  Senate  158 

Qualifications  of  senators 153 

Qualifications     of     representa- 
tives   153 

Restriction   of   power 151 

Rivalry     between     town     and 

county  and   compromise 149 

Schools    144 

Scope   of   state   government. ..  .152 
Speaker    of    House    of    Repre- 
sentatives     159 

Territory  of   123 

Illinois  River  211 


Illinois  Towns: 

Comparison  with  New  Eng- 
land  towns 186,  187 

Impeachment    75 

Definition  of  75,  76 

in   Illinois    155 

Method  of  procedure 76 

Who  liable  to   75 

Incorporation    of   cities 192 

Indian   Affairs,   Commissioner  of. .  88 

Indian,   American   8 

Indiana    123,  143 

Indians    50 

Interior: 

Department   of    78,  86 

Secretary  of   86 

Internal    Revenue 57 

Commissioner    of 84 

Interstate       Commerce       Commis- 
sion     59,  91 

Inspector    General 84 

Inspectors    sundry 210 

Jackson,  A 80 

James    II.,    King    of    England 104 

James    River 138 

Jefferson,    T...80,  106,  113,  122,  139,  147 
Johns  Hopkins  University   Studies 
in       Historical       and        Political 

Science    147 

John,    King  of  England 29 

Joliet   120 

Judge  Advocate  General 85 

Judges: 

Federal,  tenure  of  office 98 

of   Election 215,  220 

of  Illinois,  Supreme  court  162, 
Appellate  court  162,  Circuit 
court    163,    Cook    county    163, 

164,    County   164,    Probate 164 

of  United  States  Supreme  court.  98 
Judicial   Department 

of   Illinois 161 

of  United    States 53 

Judicial  System,   Federal 93-101 

Judiciary  Act 98 

Jurisdiction  of  federal  courts 96 

Justice,    Department   of 78,89 

Justices  of  the  Peace.. 136,  178,  179,  183 

in   Chicago 179 

Kaskaskla  120,  124,  143,  145 

Kentucky  124,  147 

Labor: 

Department  of 78,    91 

Commissioner   of 79 

Law,  Definition  of 1 


340 


INDEX 


Law,   Department  of  Cities 206 

Laws,  Ex  Post  Facto 260 

Lake   Michigan    120,211 

Land  Office: 

General    86 

Commissioner   of 86 

LaSalle    120 

Legislature,    Sessions   of  Illinois.. 154 
Legislative    Department   of   Cities. 

193,   194 

Lexington    41 

Libel    260 

Librarian  of  Congress 63,    91 

Lieutenant   Governor 155,  156,  158 

Lincoln,   A 14 

Liquor  License   196 

Lodge,    H 113 

London    138 

Louis    XIV .121 

Louisiana    87,  120,  166 

Madison,     J 45,  46,  68 

Magna   Charta 29,  258 

Mandamus   162 

Marquette    120 

Marshall,  Chief  Justice 62 

Martin,     G 31 

Mary,  Princess  of  Orange 104 

Maryland     33,  34,  86 

Massachusetts     32,  33,  34,  120 

Massachusetts  Bill 39 

Mayflower,    The 119 

Mayor,    The 193,  197,  198 

McMaster,  J 190 

Medicine  and  Surgery,  Bureau  of.  86 

Messages,    President's 74 

Governor's  157 

Mexico    87 

Michigan    123 

Middlesex,  County  of 135 

Moderator    131,  184 

Mississippi     108 

Mississippi  River 120,  121,  143,  211 

Missouri  125,  148 

Monarchy,  Absolute 6 

Definition  of 9 

Powers  of  ruler 6 

Monarchy,  Const' tutional: 

Definition  of 12 

Money: 

Borrowing  58 

Coining  60 

Definition  of 60 

Various  kinds  of 60 

Montfort,      Simon      de.      Earl      of 

Leicester   20,  119 

Moore's  Arithmetic 251 


Morris,  R.  and  G 46 

Morse,  J 80,  106 

Moses'    History   of   Illinois 145 

Mulattoes    145 

Municipal  corporations 182 

National   Bank  Notes 62 

National  Committee 115 

National   Republican  party 115 

Naturalization    64,  65 

Naval   Academy 86 

Observatory    86 

Navigation,   Bureau  of 85 

Commissioner    of 84 

Navy: 

Department  85 

Secretary   of 85 

Negroes    107,  145 

New  England: 

Towns  127 

Town  oflicers 130 

Settlement  of 127,  128 

New   Hampshire 31,  86 

New   Jersey ..31,  86 

New  York 31,   120,  138,  189,  191 

Nominations  under  Australian  sys- 
tem     228 

Norfolk    136 

North    Carolina 31,  105 

"North    Folk' ' 136 

North  Sea 12 

Northwest    Territory 122,  123 

Norway    12 

Obedience  to  law 262 

Officers,  Public: 

agents  of  people 21 

"Official     Ballot" 228 

Ohio   123 

Ohio    River 120,  121 

Oil,    Inspector    of 210 

Oligarchy: 

Definition    of 10 

Ordinance  of  1787 121-123,  144 

Ordnance,   Bureau   of   86 

Organization  of  towns  In  Illinois.  .181 

Pacific   Ocean 8 

Pacific    Railroad    Companies 88 

Paper    money 44 

Pardons: 

Definition   of 71 

Governor  of  Illinois 157 

Mayor  198 

President     71 

Parish,  English 136 

Parish,   Virginia 139 

Government    of 139 

Park  Commissioners,  Board  of 210 


INDEX 


341 


Park  Commissioners: 

of  Lincoln  Park 211 

South    Park 211 

West    Park 211 

Parks  and  Boulevards 210,  211 

Parliament,    The   Model 20 

Parsons,    T 90 

Party  platform    111,117 

Patents    and    copyrights 63 

Definition  of  63 

Patents,    Commissioner  of 88 

Payment  of  taxes 263 

Penn,   W 34 

Pensions    88 

Bureau   of    SB 

Commissioner  of   88 

Pennsylvania   33,  34,  8G,  112,  138 

Peoria    120 

Personal  Liberty  258 

Personal   Security  257 

Peterman's   Civil    Government 227 

Philadelphia    45,  180 

Pilgrim  Fathers   119 

Pinckney,  T 46,  IOC 

Pinckney,  W 46,  90 

Plymouth    119 

Police   courts   206,207 

Department   208 

Police  magistrates    206 

Political  Committees  116 

Political  parties   Ill 

Organization    115 

Origin    Ill 

Politics,    Definition   of 110 

Politician    110 

Polling  Place   215,221 

Postmaster-General    79,  89 

Postofllce    Department 78,  89 

Potomac  River    138 

Poundkeepers    132 

Precincts    215,  220 

President  of  United  States.l4.  51,70,75 

Commander  in  Chief 70 

His  appointments    73 

Messages    74 

Method    of   electing 52 

Method  of  counting  votes 52 

Powers    73 

Responsibility    75 

President     of     Board     of     Educa- 
tion     239,  240 

President  of  County  Board 170 

Primaries    117,   230,  232 

Primary    Election   Law 230 

Probate  Court  of  Cook  County 165 

Property    257 


Proprietary  Colonies 33 

Prosecuting   Attorney 216 

Protection   from   unjust   laws 260 

Provisions    and    Clothing,    Bureau 

of   86 

Public  Affairs,  Participation  in 264 

Public    Lands 87,  144 

Public    Library 210 

Public  Register 222 

Public  School  Teachers 243,244 

Public  Service,  Committee  on 171 

Public  Works: 

Commissioner   of 204 

Department  of 204,  205 

Quartering  Act 40 

Quartermaster-General    85 

Quasi-municipal   corporations 182 

Quebec   Act 40 

Railroads,   Commissioner  of 88 

Randolph,    J 46 

Reconstruction    Period 107 

Recorder  of  Deeds 168 

Register  221 

of  Treasury 83 

Registration    217-219,  220 

Registry,   Board  of 221 

Removals,  By  Governor  of  Illinois, 
157;     by     Impeachment,     75;     by 

Mayor,  198;  by  President 80 

Representation : 

History  of  Government  by 19 

Minority    154 

Unit  of 134 

Representatives : 

House  of 50 

of   Illinois    153 

Reprieves    75 

Definition   of    71 

Governor's    157 

President's   71 

Republic: 

Definition   of   14 

Distinguished    from    all    other 

governments    15 

Modern   13 

Origin  of  ancient 11 

Republican  party 115 

Review,  Board  of 250,  251 

Rhode    Island 32,  33,  34,  86 

Right  to  hold  office 262 

Rights  and  duties  of  citizens 256 

Robinson    Crusoe 1 

Rome  U 

Roundheads   138 

Royal    Colonies    31 

Russia    87 


342 


INDEX 


Rutledge.  J 46 

Salt    Springs 145 

Sanitary  District  of  Chicago 211 

School   Committee   131 

School   Lands 243 

Schools, 

Provision  for  support  in  Illinois. 144 
Sealers  of  Weights  and  Measures.  .132 

Second   Continental    Congress 41 

Secretary: 

of  Agriculture 86 

of    Interior 86 

of  Navy 85 

of    State 81 

of  Treasury 82 

of   War 84 

of  State  of  Illinois 156,  159 

Selectmen    130 

Self-Support     264 

Senate,    The 50 

Senators,  of  Illinois 153 

Shaw,    A 147,  148 

Sheriff    136,  168.  173,  174 

Sheriffs: 

in  Virginia 141 

Origin   of   Office 173 

Sherman,  R 46 

Silver: 

Bullion    61 

Certificate  61 

Coin    61 

Slander    260 

Slavery   125,  145,  148 

Solicitor  of  Internal  Revenue 90 

Solicitor   of   Treasury 84,    90 

South   Carolina 31 

"South    Folk" 136 

Spain    t 87 

Speaker    50,  154 

Special   Legislation  Forbidden 155 

Springfield    151,  162 

State's    Attorney 177,  178 

State    Board    of   Equalization 251 

State    Committee 116 

State  Common   School   Fund 243 

State: 

Department  of 78,    81 

Secretary    SI 

Secretary   of   State   of   Illinois. 

156,   159 

Statistics,  Chief  of  Bureau  of 84 

Stamp  Act  Congress 38 

Stanton,     E 90 

Steam  Boilers,  Inspector  of 210 

Steam  Engineering,   Bureau  of 86 

Story,    Justice 35 


Street    Railroads 196 

Suffrage    261 

Suffolk   136 

Superior  Court: 

of   Chicago  164 

of  Cook  County 164 

Superintendent: 

of  Bureau  of  Printing  and  En- 
graving      84 

of  Census  88 

of  City  Telegraph 209 

of   Life-Saving   Service 84 

of  Maps   205 

of    Police    207 

of  Public  Instruction 

156,  234,  235,  236 

of  Public  Service 171 

of  Schools  of  Chicago 240 

of    Supplies   of   Chicago   Board 

of  Education  241 

of  Sewers  205 

of  Streets   199,  205 

of  Water   Office   205 

Supervising  Architect    84 

Supervisor    183,  184 

Supervisors,   Board  of 168 

Supreme  Court: 

of  Illinois   161,  162 

of   United   States 94 

Organization     97 

Surgeon-General    85 

Surveys,    Land    147 

Surveyors    140 

Surveyors   of   Lumber 132 

Swearing   in   votes 218 

Sweden    12 

Taney,  R 90 

Tariff  57 

Tax,  Definition  of 56 

Tax   Dodger 263 

Taxation    112 

Computing  rate  of 251 

Contrasted    with    eminent    do- 
main     254-255 

Federal     56 

Illinois     constitutional     provi- 
sions     246-247 

Necessity  of  power  in  national 

government  43 

of  colonies 38 

Taxation  and  Eminent  Domain 245 

Taxes: 

Assessment  of 249-253 

City,   194;    County 171 

Collection   of 251,  252 

Definition   of 245,  246 


INDEX 


343 


Taxes : 

Delinquent   252,  253 

Direct   58 

Indirect    57 

in    Virginia 140 

Necessity   for 246 

Objects  for  which  levied.  .247,  248 

State    247 

Tennessee   108 

Texas    108 

Thackeray,  W 138 

Town,  Rivalry  between  county  and. 149 

Unit  of  representation 134 

Towns,    Corporate   powers 182 

Town  Auditors,  Board  of 185 

Town  Clerk 131,   183,185 

Town  Officers 184 

Town  Treasurer 131 

Town  meeting: 

Influence  of 132 

of  New  England 130 

Records  of  Boston 133 

Townshend  Acts 38 

Township: 

Beginnings  in  Illinois 147 

of  New  Englana 129 

Treasurer   238 

Trustees   237,  238 

Township  Government: 

In  Illinois 180 

Town     Meeting 183 

Transportation    Bill 39 

Treason,   Definition  of 54 

Treasurer: 

City     199 

County    168,  178 

of  Illinois 156,  160 

Township    •. 238 

United    States 83 

Treasury,    The 82 

Department  of 78,    82 

of   United   States    82 

Officers   of 82,  83,    84 

Secretary   of 82 

Treasury    Notes 61 

Treaties    71 

Approval    of 71 

Definition    of 71 

Mode  of  Negotiating 71 

Tribe,   The 4 

Formation   of 4 

Mode  of  Life 5 


Unit  of  Representation 134,  139 

Value,    Standard  of 60 

Venice    11 

Verification    Lists 222 

Vestry    Meeting 136 

Veto: 

Definition    of 158 

Governor's   158 

President  of  County  Board 170 

Mayor's     198 

Villages: 

Formation  in  Illinois 187 

Village    Trustees 188 

Virginia    31,  108, 

....120,  121,  124,  146,  147,  148,  166,  169 

Settlement  of 137 

Social   conditions    137-139 

Taxation   In.... 140 

Virginia  County: 

Government   of   !...138,  139 

Old    135 

Unit   of   Representation 138,139 

Votes: 

Method  of  counting 216,  217,  225 

Official    count 226 

Voters   213 

Voting    under    Australian    system 

229-230 

Wabash  River 143 

War: 

Bureaus  of  department 84 

Department   of   84 

Secretary    of 84 

Wardens,    Church 136 

Washington,    D.     C 50,86,98 

Washington,  G 46,  106,  113,  190 

Weather  Bureau 91 

Webster,    D 122 

Weights  and  Measures,   Inspectors 

of  210 

Sealers  -f 132 

Whig  parvy 115 

Whisky    Rebellion 112 

William,    Prince   of   Orange 104 

Wilson,    W 152,  156 

Women: 

As  school  officers 244 

Power  to  vote  at  school   elec- 
tions     244 

Yards  and   Docks,   Bureau  of 85 


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